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.

The investigation is based on a complaint filed by Gamevice, Inc., of Simi Valley, CA, on March 27, 2020. 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 II that infringe a patent 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-1197), the USITC has not yet made any decision on the merits of the case. As it typically happens, 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.