[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Page 1726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-302]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-743]
Investigations: Terminations, Modifications and Rulings: Certain
Video Game Systems and Controllers
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review-in-part and affirm the final
initial determination of the administrative law judge that no violation
of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337),
has been shown in the above-captioned investigation. The investigation
is terminated.
FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-2661. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on November 5, 2010, based on a complaint filed by Motiva, LLC of
Dublin, Ohio (``Motiva''). 75 FR 68379 (Nov. 5, 2010). The complaint
alleged violations of section 337 in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain video game systems and controllers by
reason of infringement of claims 16, 27-32, 44, 57, 68, 81, and 84 of
U.S. Patent No. 7,292,151 and claims 1-6 and 8-15 of U.S. Patent No.
7,492,268. The complaint named Nintendo Co., Ltd. of Kyoto, Japan and
Nintendo of America, Inc. of Redmond, Washington (collectively,
``Nintendo'') as the only respondents.
On November 2, 2011, the administrative law judge (``ALJ'') issued
his final initial determination (``ID'') in this investigation finding
no violation of section 337. Specifically, the ALJ found that the
accused products do not infringe the asserted patents. The ALJ also
determined that Motiva had not proven that a domestic industry exists
or is in the process of being established with respect to the two
asserted patents.
On November 15, 2011, complainant Motiva and the Commission
investigative attorney (``IA'') filed petitions for review of portions
of the ID. On November 23, 2011, respondent Nintendo filed a response
to both petitions and the IA filed a response to Motiva's petition.
Having examined the record of this investigation, including the
ALJ's final ID and the parties' submissions, the Commission has
determined to deny the petitions for review. The Commission has further
determined to review two issues in the ID on its own initiative: (1) A
statement in the ID connecting the relevant level of skill in the art
to the skill of the inventors, and (2) the relevant time frame for
considering whether a domestic industry exists or is in the process of
being established. Upon review, the Commission has issued an opinion
relating to those two issues. The Commission has determined not to
review the remainder of the ID, thus affirming the ALJ's determination
of no violation of section 337. The investigation is terminated.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
Issued: January 5, 2012.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-302 Filed 1-10-12; 8:45 am]
BILLING CODE 7020-02-P