On August 21, 2009, Chief ALJ Paul J. Luckern issued Order No. 43 extending the target date to February 23, 2010 in Certain Video Game Machines And Related Three-Dimensional Pointing Devices (Inv. No. 337-TA-658).

According to the Order, on August 21, 2009, Complainant Hillcrest Laboratories, Inc. (“Hillcrest”) and Respondents Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively, “Nintendo”) moved to stay the procedural schedule, including the date for issuance of the final Initial Determination, and to extend the target date two months to February 23, 2010.  In support of their motion, Hillcrest and Nintendo explained that the private parties had reached settlement and intended to file a joint motion to terminate the investigation based on a settlement in the near future.

ALJ Luckern granted the motion and noted that he “had intended to file a over 300 page final Initial Determination on August 24[, 2009].”