ITC Considers LEO & C/D Order Against Microsoft in Section 337 Investigation of Gaming Consoles Brought by Motorola
The International Trade Commission is considering the effect a limited exclusion order with respect to respondent Microsoft Corporation’s accused products and a cease and desist order directed against Microsoft in its Section 3371 investigation of certain gaming and entertainment consoles, related software, and components thereof (337-TA-752) would have upon the public health and welfare, competitive conditions in the U.S., and U.S. consumers, in light of a May 7, 2012 administrative law judge’s recommended determination on remedy and bonding.
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Written submissions are due by close of business on June 8, 2012.
(See ITT’s Online Archives 10121748 for summary of the ITC’s institution of this investigation, which is based on a complaint filed by Motorola Mobility, Inc. and General Instruments Corporation that alleges violations of section 337 in the importation into the U.S. and sale of certain gaming and entertainment consoles, related software, and components thereof by Microsoft Corporation.)
1Section 337 investigations conducted by ITC most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods. The primary remedy available in Section 337 investigations is an exclusion order that directs Customs to stop infringing imports from entering the U.S. In addition, ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337.
ITC Contact: Lisa Barton (202) 205-2000