ITC Patent Complaint Filed Against Nintendo Game Systems, Controllers
The International Trade Commission announces that a section 337 patent-based complaint has been filed regarding certain video game systems and wireless controller and components thereof.
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Alleged Patent Violations by Nintendo
ITC received a complaint filed on behalf of Creative Kingdoms, LLC and New Kingdoms, LLC, which alleges violations of section 337 of the Tariff Act of 19301 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain video game systems and wireless controller and components thereof.
The complaint names the following as the respondents:
- Nintendo of America, Inc. of Redmond, WA and
- Nintendo Co., Ltd. of Kyoto, Japan.
Comments on Public Interest Issues Requested
ITC requests comments on any public interest issues raised by the complaint by April 8, 2011.
Comments should address whether issuance of an exclusion order and/or a cease and desist order would negatively affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers.
(The ITC notes that there will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.)
1Section 337 investigations conducted by ITC most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods. The primary remedy available in Section 337 investigations is an exclusion order that directs Customs to stop infringing imports from entering the U.S. In addition, ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337.
ITC contact -- James Holbein (202) 205--2000
(DN 2791, FR Pub 04/01/11)