• Microsoft Files New 337 Complaint Regarding Certain Game Devices
  • December 28, 2010 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On December 23, 2010, Microsoft Corporation of Redmond, Washington (“Microsoft”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

    The complaint alleges that Datel Design and Development Ltd., Datel Direct Ltd., Datel Holdings Ltd., and Datel Electronics Ltd. — all of the United Kingdom — and Datel Design and Development Inc. of Clearwater, Florida (collectively, “Datel”) unlawfully import into the U.S., sell for importation, and sell within the U.S. after importation certain game devices, components thereof, and products containing the same that infringe U.S. Patent No. 7,787,411 (the ‘411 patent).

    According to the complaint, the ‘411 patent is directed to a gaming console wireless protocol for peripheral devices.  In particular, the patent discloses and claims methods for communicating voice and data between a gaming console and a wireless accessory.

    In the complaint, Microsoft alleges that Datel imports and sells products that infringe the ‘411 patent.  The complaint specifically names the Datel TurboFire 2 Controller for the Xbox 360 as an infringing product.  According to the complaint, the Datel TurboFire 2 Controller is marked as being made in China.

    Regarding domestic industry, Microsoft states that its Xbox 360 Gamepad practices at least one claim of the ‘411 patent and that it invests heavily in technology relating to the ‘411 patent, including investments in plant, equipment, labor, capital, engineering, and research and development.

    As to related litigation, Microsoft states that contemporaneously with the filing of the instant ITC complaint, it also filed suit in the U.S. District Court for the Western District of Washington alleging that Datel infringes the ‘411 patent.

    With respect to potential remedy, Microsoft requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at Datel and related companies.