The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable gaming console systems with attachable handheld controllers and components thereof. The products at issue in the investigation are controller systems with parts that attach to two sides of an electronic device, such as a smartphone or tablet, and the parts fit into a user’s hands and have gaming controls.

The investigation is based on a complaint filed by Gamevice, Inc., of Simi Valley, CA, on March 30, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain portable gaming console systems with attachable handheld controllers and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Nintendo Co., Ltd., of Kyoto, Japan; and

Nintendo of America, Inc., of Redmond, WA.

By instituting this investigation (337-TA-1111), 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 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.