By Eric Schweibenz
On November 2, 2011, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“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”). 

According to the notice, ALJ Rogers determined that there is no violation of Section 337 with respect to U.S. Patent Nos. 7,292,151 (the ‘151 patent) and 7,492,268 (the ‘268 patent).  Specifically, ALJ Rogers determined that the accused Nintendo products do not infringe (1) claims 16, 27-32, 44, 57, 68, and 84 of the ‘151 patent, and (2) claims 2, 4, 11, and 14 of the ‘268 patent.  ALJ Rogers also determined that an industry does not exist in the U.S. that exploits the ‘151 or ‘268 patents, as required by 19 U.S.C. § 1337(a)(2).  ALJ Rogers further determined that the claims of the ‘151 and ‘268 patents are neither invalid nor unenforceable due to inequitable conduct.

The notice issued by ALJ Rogers released only the conclusions of law in the ID.  We will provide additional information after the public version of the ID issues in its entirety.