In most cases, probably yeah. Patent trolls and malicious actors make such easy money off of frivolous patents that the default assumption in cases like these is that it's just a litigious action to make a quick buck. We're at the stage where it's very rare for a patent to actually aid innovation rather than stifle it.
Now with Nintendo in short of revenue and late with a new platform for Christmas with their stock taking a beating, I guess this is how they'll make up some difference and feed their wild herd of lawyers hungry for some action in the mean time.
Rabidly litigious companies still disgust me when outside developers fill a void they cannot or will not. I can buy from Amazon hard drives and entire systems filled with every Nintendo video game from the 80's on, maybe they should sic the lawyers on them instead of the little guys like Pocketpair putting a positive spin on the genre.
Mate, Nintendo aren't worried. They have enough money to operate at a a loss for decades without sweating. They're still selling Nintendo Switches by the millions.