By Eric Schweibenz
On March 22, 2013, ALJ David P. Shaw issued a notice of the final initial remand determination (“RID”) in Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (Inv. No. 337-TA-752). 

By way of background, the investigation is based on a complaint filed by Motorola Mobility, Inc. and General Instrument Corporation alleging violation of Section 337 by Respondent Microsoft Corp. for its importation into the U.S. and sale of certain models of Microsoft’s popular Xbox product.  See our November 24, 2010 post for more details.  On April 23, 2012, ALJ Shaw issued an ID which found that a violation of Section 337 occurred by reason of infringement of certain valid claims of U.S. Patent Nos. 5,357,571 (the ‘571 patent); 6,069,896 (the ‘896 patent); 6,980,596 (the ‘596 patent); and 7,162,094 (the ‘094 patent).  See our May 24, 2012 post for more details on the public version of the ID.  On June 29, 2012, the ITC issued a notice determining to review the ID in its entirety.  The Commission also remanded the investigation to the ALJ to “(1) apply the Commission’s opinion in Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software, Inv. No. 337-TA-724, Comm’n Op. (Dec. 21, 2011); (2) rule on Microsoft’s motion for partial termination of the investigation …; and (3) set a new target date for completion of the investigation,” which allows four months for Commission review.  See our July 3, 2012 post for more details.

The RID notice issued by ALJ Shaw on March 22, 2013 provides:
It is held that a violation of section 337 of the Tariff Act, as amended, has not occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation, of certain gaming and entertainment consoles, related software, or components thereof that are alleged to infringe asserted claims 1 and 12 of U.S. Patent No. 6,069,896.

Lastly, the notice issued by ALJ Shaw released only the information noted above.  We will provide additional information once the public version of the RID issues in its entirety.