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Import Restrictions Still Possible on Video Game System Components

Friday, July 12, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has determined to review certain portions of the remand initial determination issued by the presiding administrative law judge in patent infringement investigation 337-TA-770 of certain video game systems and wireless controllers and components thereof. That determination rejected the assertion of complainants Creative Kingdoms LLC and New Kingdoms LLC that the importation, sale for importation and sale within the U.S. after importation of these products, which include the Wii remote and remote plus, Wii MotionPlus, Wii nunchuk, Wii console and Wii U console, are infringing certain of their patents.

As part of its review, the ITC is inviting comments from the public no later than July 18 on (a) the form of remedy, if any, that should be ordered in this investigation (i.e., an exclusion order and/or cease and desist orders), (b) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers; and (c) the amount of the bond under which the subject articles could enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

The ITC is also requesting that the parties to this proceeding brief their positions on several specific issues and submit proposed remedial orders for its consideration no later than July 18. In addition, the complainant is being asked to provide the date the patent expires and the HTSUS subheadings under which the accused products are imported.

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