By Eric Schweibenz
On March 30, 2011, the International Trade Commission (the “Commission”) issued a notice and order determining to review and vacate ALJ Robert K. Rogers, Jr.’s February 11, 2011 Initial Determination (“ID”) in Certain Video Game Systems and Controllers (Inv. No. 337-TA-743).

By way of background, the Complainant in this matter is Motiva, LLC and the Respondents are Nintendo Co., Ltd. and Nintendo of America Inc. (collectively “Nintendo”).  On February 11, 2011, ALJ Rogers granted Nintendo’s motion for summary determination that the economic prong of the domestic industry requirement is not satisfied and terminated the investigation.  See our March 1, 2011 post for more details.

According to the March 30 notice, “the Commission has determined to review and vacate the grant of summary determination in the subject ID with respect to the economic prong of the domestic industry requirement.”  The Commission further determined to “remand the investigation to the ALJ to complete the investigation.”  Lastly, the Commission indicated in the notice that an opinion “will issue shortly.”