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This is from another article not sure if it is listed in the article linked here because I already read about this on a few sites.

"The U.S. Patent Office didn't issue the patent until November 6, 2007 - a year after the Wii was launched. Apparently though, it was originally filed in July 2005."

So apparently they didn't get it issued because of backlogged but I have a feeling that Nintendo had their patent filed before July 2005...