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I recently got a PS Vita and noticed its got a newly designed D-Pad.

I also noticed this on the PS4 pad leaks (rumours I know but still).

What I've noticed most about this is that it resembles the patented Nintendo design of a simple cross. Sega, Sony and MS have all up until now only been able to make a altered version of this design.

My question is has Nintendo's patent on the D-pad expired or have Sony found a way around it?