January 24, 2011
News Release 11-008
Inv. No. 337-TA-757
Contact: Peg O'Laughlin, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain game devices, components thereof, and products containing same. The products at issue in this investigation are controllers used for video games.

The investigation is based on a complaint filed by Microsoft Corporation of Redmond, WA, on December 23, 2010. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain game devices, components thereof, and products containing same that infringes a patent asserted by the complainant. The complainant requests that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

Datel Design and Development Inc. of Clearwater, FL;
Datel Design and Development Ltd. of the United Kingdom;
Datel Direct Ltd. of the United Kingdom;
Datel Holdings Ltd. of the United Kingdom; and
Datel Electronics Ltd. of the United Kingdom.

By instituting this investigation (337-TA-757), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.