The U.S. International Trade Commission (USITC) has voted to institute an investigations of certain mobile devices, software, and components of Motorola's mobile devices, as well as of Nintendo's Wii system. The first USITC investigation is based on a complaint filed by Microsoft on October 1, 2010. An amended complaint was filed on October 12, 2010. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile devices, associated software, and components thereof that infringe patents asserted by Microsoft. Respondents in this investigation are Motorola, Inc. and Motorola Mobility, Inc.

USITC also investigates a complaint filed by Motiva, LLC., of Dublin, OH, on October 1, 2010. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of Nintendo's certain video games and controllers that infringe patents asserted by Motiva.

Both complainants (Microsoft and Motibva) request that the USITC issue exclusion orders and a cease and desist orders.

By instituting these investigations the USITC has not yet made any decision on the merits of the cases. The USITC's Chief Administrative Law Judge will assign the cases to the USITC's six administrative law judges (ALJ), who will schedule and hold evidentiary hearings. 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.