Costly failure
Sadly it's dead. It doesn't work with it primary market the kids as they have a restriction on the under 7's due to the 3D. 3D itself is just a fad anyhow, so it wasn't a great idea for them to push that way. And all it's good for is Nintendo's own games. While ok for the kiddy market which it doesn't work with, the games are not appealing to the mass market.
Even my niece recently got a cheap £90 Android phone recently (didn't think it was a good idea to be honest giving a 10 year old a smartphone but hey ho, the whine factor for you!) and that has now totally replaced her old DS. Namely as the games are free to a couple of quid, against the DS which costs more for the device, costs hugely more for the games, and you have to go to a shop for the game as opposed to click, buy, play. A phone also holds a choice of games as opposed to needing a pocket full of cartridges. And it does browsing and other applications far better than Nintendo have managed.
Frankly, the hand help console market business model has shifted and Nintendo haven't adjusted to it as yet.