It was already known that Nintendo was on the hook for $21 million in a patent suit over the company’s controllers. A Texas judge last week denied the game maker’s request for a new trial, and Bloomberg is reporting that the judge will issue a ban to halt sales of the controllers tomorrow.

However, if the ban were to be issued, it would not take effect until after a Nintendo appeal on the original ruling was resolved. Nintendo could also avoid the ban by posting a bond or putting royalties into an escrow account, according to Bloomberg.

The original suit sought to have Nintendo’s Wii Classic Controller, Wii Nunchuk, GameCube controller, and GameCube WaveBird all deemed in violation of an Anascape patent for a "six degrees of freedom" interface device. A jury found that all of those products, with the exception of the Wii Nunchuk, infringed on Anascape’s patent.

Microsoft was also named as a defendant in the suit, but settled out of court before it went to trial. Sony has licensed the patent for use in its own products since 2004.