ITC Institutes Patent Investigation on Wii Video Game Machines and Related Three-Dimensional Pointing Devices
The International Trade Commission has instituted a section 337 patent-based investigation of certain video game machines and related three-dimensional pointing devices (for "Wii" video game systems) pursuant to a complaint
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Hillcrest Laboratories, Inc., of Rockville, Maryland, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain video game machines and related three-dimensional pointing devices that infringe certain claims of U.S. Patent Nos. 7,139,983; 7,158,118; 7,262,760; and 7,414,611.
The complainant requests that after the investigation, the ITC issue an exclusion order and a cease and desist order.
Respondents Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337:
Nintendo Co., Ltd., of Japan; and
Nintendo of America, Inc., of Redmond, WA.
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.)
ITC contact - David Lloyd (202) 205-2576
ITC notice (Inv. No. 337-TA-658, FR Pub 09/23/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-22142.pdf
ITC press release (08-093, dated 09/17/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0917ff1.htm