ITC Institutes Patent Investigation of Certain Game Controllers Brought by Microsoft

The International Trade Commission has instituted a section 337 patent-based investigation of certain game controllers, pursuant to a complaint (Inv. No. 337-TA-715).

(The products at issue in this investigation is an electronic accessory for a game system which is held in the hands of a game player and connected to, or in communication with, the computer game console.)

Exclusion and Cease & Desist Orders Requested

The investigation is based on a complaint filed by Microsoft Corporation of Redmond, WA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain game controllers that infringe patents asserted by Microsoft.

The complainant requests that the ITC issue an exclusion order and a cease and desist order.

Datel Companies Alleged to Be in Violation of Section 337

The ITC has identified the following respondents alleged to be in violation of section 337 in this investigation:

Datel Design and Development Inc. of Clearwater, FL; and

Datel Design and Development Ltd. of the United Kingdom.

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 press release (No. 10-042, dated 04/29/10) available at http://www.usitc.gov/press_room/news_release/2010/er0429hh2.htm