By Eric Schweibenz
On September 28, 2009, the International Trade Commission issued a notice determining not to review Chief ALJ Paul J. Luckern’s September 8, 2009 Initial Determination (“ID”) terminating the investigation based on a settlement agreement in Certain Video Game Machines And Related Three-Dimensional Pointing Devices (Inv. No. 337-TA-658).

By way of background, Complainant Hillcrest Laboratories, Inc. (“Hillcrest”) filed a complaint alleging violations of Section 337 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain video game machines and related three-dimensional pointing devices by reason of infringement of certain claims of U.S. Patent Nos. 7,139,983; 7,158,118; 7,262,760; and 7,414,611.  On September 23, 2008, the ITC instituted this investigation naming Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively, “Nintendo”) as respondents.

On August 21, 2009, Hillcrest and Nintendo jointly moved to terminate the investigation based on a settlement agreement.  See our August 25 post for more details.  On September 8, 2009, ALJ Luckern issued his ID terminating the investigation.

In the September 28 notice, the ITC “determined not to review the ID.”