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, 54640-54641 [2019-22172]

Agencies

• INTERNATIONAL TRADE COMMISSION

[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