Anne Mahnken, 6, and Carlos Vargas, 6, students at Great...

Anne Mahnken, 6, and Carlos Vargas, 6, students at Great Neck Road Elementary School, use the Wii during their physical education class in Copiague. (Oct. 14, 2010) Credit: Newsday/Audrey C. Tiernan

The Supreme Court won’t reinstate a $21 million judgment against Nintendo of America Inc., turning away a claim of patent infringement from a Texas gaming company.

The high court refused to hear an appeal from Anascape Ltd. on Monday.

A federal jury decided that Nintendo infringed on Anascape’s existing patent of the technology used to make joysticks while designing its Wii Classic, WaveBird and Gamecube controllers. But the U.S. Court of Appeals for the Federal Circuit overturned the award.

No infringement was found with the motion-sensing technology used in Nintendo’s wandlike Wii and Nunchuk controllers. Nintendo has said it no longer makes the WaveBird and Gamecube controller.

The case is Anascape v Nintendo, 10-301 

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