Yes, another Nintendo lawsuit. A Mr. John R. Martin, from Illinois, claims that the Nintendo DS infringes upon a patent he holds for "touch screen and pointing device gaming technology", filed in August, 2005 (pictured). Only problem? The DS was released in 2004. Bonus problem? While his patent applies to a touch-screen gaming device, it's for a gambling device, one more concerned with GPS and gambling laws than with male cheerleading or phantom hourglasses.
Nintendo Faces Patent Lawsuit, Apparently Over DS Touch Screen [GamePolitics]
UPDATE - While this particular patent is more recent, it's actually the continuation of a series of patents first filed all the way back in 1995.