[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54640-54641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22172]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1111]
Certain Portable Gaming Console Systems With Attachable Handheld
Controllers and Components Thereof; Notice of a Commission
Determination Finding No Violation of Section 337; Termination of the
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 to affirm the conclusion of the presiding
administrative law judge's (``ALJ'') initial determination (``ID'')
that no violation of section 337 has occurred. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://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: On May 4, 2018, the Commission instituted
this investigation based on a complaint and supplements thereto filed
on behalf of Gamevice, Inc. of Simi Valley, California (``Gamevice'').
83 FR 19821 (May 4, 2018). The complaint alleged violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section
337''), based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain portable gaming console systems with attachable handheld
controllers and components thereof by reason of infringement of one or
more claims of U.S. Patent Nos. 9,855,498 (``the '498 patent'') and
9,808,713 (``the '713 patent''). The Commission's notice of
investigation named Nintendo Co., Ltd., of Kyoto, Japan and Nintendo of
America, Inc., of Redmond, Washington as respondents (collectively,
``Nintendo''). Id. The Office of Unfair Import Investigations was not
named as a party in this investigation. Id.
On February 14, 2019, the ALJ issued an ID in this investigation,
finding no violation of section 337 by Nintendo. Specifically, the ID
grants a motion for summary determination that Nintendo does not
infringe claims 1, 10, 16, and 17 of the '713 patent and claims 1 and
16 of the '498 patent, that claim 10 of the '713 patent is invalid, and
that the technical prong of the domestic industry has not been met for
claim 10 of the '713 patent. Order No. 21 was predicated upon the ALJ's
earlier issued Markman order, Order No. 20, setting forth claim
constructions of disputed terms, including ``retention member,'' ``pair
of modules,'' and ``fastening mechanism[s].'' Gamevice petitioned for
review of Order No. 21. Nintendo contingently petitioned for review of
the claim term ``retention member'' and additional claim constructions
not at issue in Order No. 21. The parties responded to the respective
petitions.
On April 25, 2019, the Commission determined to review Order No. 21
in the entirety. The Commission also determined to review the three
claim constructions, discussed in Order No. 20, on which Order No. 21
is based. Notice, Commission Determination to Review Order No. 21 in
its Entirety; Request for Briefing (April 25, 2019). The Commission
also asked the parties to brief two issues on review. Id. On May 6,
2019, the parties submitted their opening response to the Commission's
notice of review. On May 13, 2019, the parties submitted their
responsive submissions.
After considering Order Nos. 20 and 21, the parties' written
submissions, and the record in this investigation, the Commission has
determined that the terms ``fastening mechanism[s],'' ``a pair of
modules,'' and ``retention member'' are subject to means-plus-function
[[Page 54641]]
treatment on modified grounds. The Commission affirms Order No. 21's
findings on non-infringement, invalidity of the '713 patent, and
Gamevice's failure to establish that its products practice the '713
patent to satisfy the domestic industry requirement. Accordingly, the
Commission finds that no violation of section 337 has occurred. The
investigation is terminated. The Commission's reasoning in support of
its determinations is set forth in its concurrently issued opinion.
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).
By order of the Commission.
Issued: October 4, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-22172 Filed 10-9-19; 8:45 am]
BILLING CODE 7020-02-P