We announced a while back that the company Hillcrest Labs are suing Nintendo for alleged patent infringement on their motion sensing technology. However what wasn’t know before was that some of the patents that Hillcrest claim Nintendo have infringed weren’t granted until August this year, despite the fact that the Nintendo Wii has been on sale since 2006.

Incredibly, because of a loophole in the law, the patent still stands even though it was only granted one day before they filed the patent case. Under United States law, the person who first invents an item is the legal owner rather than the person who patents it.

Now Hillcrest Labs have 45 days in which to prove that invented the motion sensing technology used in the Nintendo Wii.

Something that could bode in Nintendo’s favour however is a change to the way patents are considered in US law. The Patent Reform Act that hasn’t been passed yet would reward the first to file, rather than the first to invent. Had this bill been passed already Hillcrest’s case wouldn’t hold any water.