Alot of the things Nintendo patents, they didn't necessarily invent, just found a unique way of doing it and/or applying it to videogames. And apparently when they patent that way, they forgot to patent all the other alternative ways to do what they did too just incase.
With Move, it's the exact opposite of the way the Wiimote tech worked.
Wiimote has the camera in the controller and detect the light point at the TV
Move has the camera at the TV which tracks the light point on the controller.
The good thing about Nintendos implementation is the pointer is extremely accurate as long as it can see the light source above the TV, but loses itself you you don't point at the TV.
Moves benefit is that the camera can track that ball of light everywhere and now has 3D spacial awareness as the loss of pointer accuracy.
With a tablet controller, I'm not sure how much of it Nintendo can actually patent considering that they didn't invent the tablet and aren't the only one with controllers, so they can only patent their implementation of it and hope that they cover enough of it's function that the competition can't make a clone copy but have to do some sort of clever workaround to achieve similar function that will hopefully be too expensive to be practical for a console system.
Such as Nintendo may be the exclusive licensee of this particular streaming tech for use in a videogames console, so if MS or Sony want to stream to the controller, they will have to find some rival tech to do it too and hope that that rival tech isn't violating on any patents of the previous tech company otherwise they will have to take a completely different approach (like using Vitas as your screened controller - aka the extremely expensive alternative).
Now having said all of that, it will be interesting to see what MS (& Sony) have come up with if the rumors of them doing something almost identical are true. Sony has the Vita and several Tablets they could utilze, MS has Phone7/8 (and tablets that might use the same OS), the discontinued Courier team that was supposedly reassigned to the Xbox division (i posted that in here b4 right?) and the Zune team to draw experience from in making this happen.