[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Page 8986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4161]



[[Page 8986]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-658]


In the Matter of Certain Video Game Machines and Related Three-
Dimensional Pointing Devices; Notice of Commission Decision Not To 
Review the Administrative Law Judge's Initial Determination Granting 
Complainant's Motion To Amend the Complaint and Notice of Investigation

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 not to review the presiding administrative 
law judge's initial determination (``ID'') (Order No. 12) granting 
complainant's motion to amend the complaint and notice of investigation 
and terminate certain patent claims from the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. 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 at 
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 September 23, 2008, based on a complaint filed by Hillcrest 
Laboratories, Inc. of Rockville, Maryland (``Hillcrest''), alleging 
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain video 
game machines and related three-dimensional pointing devices by reason 
of infringement of certain claims of United States Patent Nos. 
7,139,983 (``the '983 patent''); 7,158,118; 7,262,760; and 7,414,611. 
73 FR 54854 (September 23, 2008). The complaint named Nintendo Co., 
Ltd. of Japan and Nintendo of America, Inc. of Redmond, WA 
(collectively, ``Nintendo'') as respondents.
    On January 21, 2009, complainant Hillcrest moved to amend the 
complaint and notice of investigation to add claims 3, 13, and 20 of 
the '983 patent (the ``newly asserted claims'') to the claims asserted 
against Nintendo and terminate claims 5, 6, 15, 16, 22, and 23 of the 
'983 patent (the ``withdrawn claims'') from this investigation. Neither 
the Commission Investigative Attorney nor Nintendo opposed Hillcrest's 
motion.
    On February 5, 2009, the administrative law judge issued the 
subject ID granting Hillcrest's motion to amend the complaint and 
notice of investigation to add the newly asserted claims and terminate 
the withdrawn claims from the investigation. No petitions for review of 
the subject ID were filed.
    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 section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    By order of the Commission.
    Issued: February 23, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E9-4161 Filed 2-26-09; 8:45 am]
BILLING CODE 7020-02-P