ITC Institutes Patent Investigation of Wireless Gaming Consoles Against Microsoft
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain gaming and entertainment consoles, related software, and components thereof pursuant to a complaint.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
(The products at issue in this investigation are gaming and entertainment consoles that, inter alia, utilize wireless technologies and technologies that decode digital video content.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Motorola Mobility, Inc., of Libertyville, IL, and General Instruments Corporation of Horsham, PA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain gaming and entertainment consoles, related software, and components thereof that infringe patents asserted by the complainants.
The complainants request that the ITC issue an exclusion order and a cease and desist order.
Microsoft Alleged to Be in Violation of Section 337
The ITC has identified Microsoft Corporation of Redmond, WA as the respondent alleged to be in violation of section 337 in this investigation.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
1Section 337 investigations most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods.
(Press release dated 12/17/10, Inv. No. 337-TA-752)