In terms of technology, they are vastly different. In the sense of discovery, market trials and R&D - the Kinect technology is an evolution of the Wii. If Wii did not introduce motion controls, Kinect would not be available. Period. I can validate this claim by the many quotes Microsoft (J Allard, et al.) spewed to the press about what they thought about motion control in video games at the time. This could have easily been Nintendo's argument had they attempted to derail Kinect.
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.
