You can't patent ideas only how the idea is executed, Sony's method of execution is different as it uses a camera to pick up the sensor on the wand which also has the motion tech, the Wiimote however has a built in IR sensor along with the motion tech which picks up the IR points on the sensor bar to detect where the screen is and act as a pointer. It's why you can light two candles and use them instead of a sensor bar, these two differences are more then enough to avoid lawsuits much like why Sony can't sue MS for Natal despite have the Eyetoy and PSeye.
Either way I think Nintendo are actually happy at the attempt as it's now putting Sony where they want them, playing catch up to them in a new market.