Seriously, you here with half a brain honestly thinks that the company suing Nintendo will actually win? The company is suing Nintendo because the trigger on the bottom of the controller. As if Nintendo didn't already have that in the N64, nearly a decade before the company secured the patent.
Now that I think about it....A LOT of companies should be getting sued for copyright infringement on this, if it's so important.There are MANY companies using the trigger function to navigate and such. Using your D-Pad is basicly the same thing, now that all of the controllers are wireless, since you're using a trigger button to trigger a movement.
As well as some DVD producers, because in some, they have games where you use the DVD Player remote to navigate.
When it comes down to it, it's going to be one small difference on which Nintendo can exaggerate.