[1] http://en.wikipedia.org/wiki/Konami_Corp._v._Roxor_Games_Inc.
[2] http://www.google.com/patents/US7278913#v=onepage&q&f=false
Pure speculation: It's possible Super Mario Sunshine(2002), Super Mario Galaxy(2007) and other Mario-like 3D could have "refreshed" any patents from Super Mario 64.
That is, if any patents from Mario 64 exist.
The patent in question, http://www.google.co.uk/patents/US6410835. Espacenet has it too of course, http://worldwide.espacenet.com/publicationDetails/claims?CC=..., but Google is better is it gives the B2 published form of the claims as opposed to the A1 first submitted form. Major fail there for the EPO's ESPACENET in my opinion.
Claims 1, priority date is 24 July 1998:
>"1. A dance game apparatus comprising: music output means for outputting one piece of music from at least one stored piece of music; a floor panel having a step-on base section; said step-on base section comprising a top panel and a support member which supports the panel; detection means for detecting a stepping operation on said step-on base section; said detection means comprising stepping sensors interposed between said panel and said support member at mutually opposing positions of said panel; said stepping sensors comprising longitudinally extending conductive sections having a longitudinal length, one of said conductive sections being moveable laterally relative to another of said conductive sections at any one of a plurality of positions along the longitudinal length of said one conductive section to effect contact with said other conductive sections at any one of a plurality of corresponding contact positions such that said stepping sensors detect stepping on said step-on base sections at plural locations corresponding to said plurality of corresponding contact positions, guidance means for performing a stepping operation instruction to said step-on base section in time with said music; measurement means for measuring a time deviation between the timing of a stepping operation instruction and the time at which the fact that said step-on base section is stepped on is detected by said detection means; and evaluation means for providing a higher score the smaller the measurement result." //
FWIW the Mario Kart patent you cite refers to methods of controlling NPC in order to provide strong rivals, avoid bunching of NPC in racing games and provide variation in race orders despite relatively fixed characteristics (acceleration and top-speed). None of that prevents you having cars with the same styles, having the same tracks, having the same end goals, having the same range of pickups and such - it only relates to specific algorithms for providing competing computer controlled cars/NPC.