Sony is suing him for using the Kevin Butler character to promote a competitor's product, he didn't use that character so this doesn't make sense. Sony hasn't used him in commercials since late 2011, they should just leave him alone for working.

Here's the original ad by the way. It's pretty hard to find now as it's been removed from youtube.
http://www.gonintendo.com/?mode=viewstory&id=184686

Here's an updated version of the commercial, they edited him out.
http://www.youtube.com/watch?v=M9WRGjODZDQ