The U.S. International Trade Commission (USITC) has voted to
institute an investigation of Microsoft's gaming console and
the wireless technologies and technologies that decode
digital video content.
The investigation is based on a complaint filed by Motorola
Mobility, Inc. and General Instruments Corporation of
Horsham, PA, on November 22, 2010, the USITC said. 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
As always, 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.