On November 16, 2012, Chief ALJ Charles E. Bullock issued Order No. 43 in Certain Video Game Systems and Wireless Controllers and Components Thereof (337-TA-770). In the Order, ALJ Bullock set the target date and procedural schedule for the remand investigation.
By way of background, this investigation was instituted on April 20, 2011 based on a complaint filed by Creative Kingdoms, LLC and New Kingdoms, LLC (collectively, “CK”) alleging a violation of Section 337 by Respondents Nintendo of America, Inc. and Nintendo Co., Ltd. (collectively, “Nintendo”) for the importation into the U.S. and sale of certain video game systems and wireless controllers and components thereof including Nintendo’s Wii wireless game system and controllers. CK alleged that Nintendo violated Section 337 with respect to U.S. Patent Nos. 7,850,527, 7,500,917, and 7,896,742. On August 31, 2012, ALJ Bullock issued the initial determination finding no violation of Section 337 by Nintendo in this investigation with respect to the patents-at-issue. See our October 12, 2012 post for more details. On November 6, 2012, the International Trade Commission (the “Commission”) issued a notice indicating that the Commission revised the claim construction of “toy wand,” and in light of this construction, remanded the case to ALJ Bullock to determine infringement, validity, and domestic industry of the ‘917 and ‘742 patents. See our November 8, 2012 and November 12, 2012 posts for more information about the Commission’s prior notice and opinion.
In Order No. 43, ALJ Bullock approved CK’s proposal of conducting limited briefing and no oral argument in an effort to “promote an efficient resolution of all issues on remand.” Nintendo and the Commission Investigative Attorney agreed with CK’s proposal. Accordingly, ALJ Bullock adopted CK’s briefing proposal; determined that the initial determination on remand is due no later than May 12, 2013; and set September 12, 2013 as the target date for completing the remand proceeding.