I'm sorry but I think that's absurd. That's like suggesting Samsung had a problem with this trial because it made a phone. It's not that they made a phone, it's that they made a phone that stole the look, feel, and function of the iPhone.

The kinect is a motion gaming device, but that is where the similarities to wii end. That's like suggesting the PS3 infringed on the xbox because it's also a console.