December 17, 2010

News Release 10-139

Inv. No. 337-TA-752

USITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN GAMING AND ENTERTAINMENT CONSOLES, RELATED SOFTWARE, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain gaming and entertainment consoles, related software, and components thereof. The products at issue in this investigation are gaming and entertainment consoles that, inter alia, utilize wireless technologies and technologies that decode digital video content.

The investigation is based on a complaint filed by Motorola Mobility, Inc., of Libertyville, IL, and General Instruments Corporation of Horsham, PA, on November 22, 2010. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain gaming and entertainment consoles, related software, and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist order.

The USITC has identified Microsoft Corporation of Redmond, WA, as the respondent in this investigation.

By instituting this investigation (337-TA-752), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.

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