A panel of Ninth Circuit judges on Wednesday seemed to agree with lawyers for Electronic Arts Inc. that a programmer demanding royalties on the company’s popular John Madden football video game is throwing a Hail Mary long after the whistle has blown.

Judges Andrew Kleinfeld and Andrew Hurwitz of the U.S. Court of Appeals for the Ninth Circuit were perplexed at the suggestion that programmer Robin Antonick had not thought until 2009 to look into whether his source code had been used in follow-on versions of the popular computer game for Sega consoles.

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