Certain Video Game Consoles, Routers and Gateways, and Components Thereof; Notice of Institution of Investigation
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Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 19, 2025, under section 337 of the Tariff Act of 1930, as amended, on behalf of AX Wireless, LLC of Austin, Texas. Supplements to the complaint were filed on March 6 and 11, 2025. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain video game consoles, routers and gateways, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 10,917,272 ("the '272 patent"); U.S. Patent No. 11,646,927 ("the '927 patent"); U.S. Patent No. 11,777,776 ("the '776 patent"); and U.S. Patent No. 12,063,134 ("the '134 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
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<title>Federal Register, Volume 90 Issue 58 (Thursday, March 27, 2025)</title>
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[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13879-13880]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05172]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1445]
Certain Video Game Consoles, Routers and Gateways, and Components
Thereof; Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 19, 2025, under section
337 of the Tariff Act of 1930, as amended, on behalf of AX Wireless,
LLC of Austin, Texas. Supplements to the complaint were filed on March
6 and 11, 2025. The complaint alleges violations of section 337 based
upon the importation into the
[[Page 13880]]
United States, the sale for importation, and the sale within the United
States after importation of certain video game consoles, routers and
gateways, and components thereof by reason of the infringement of
certain claims of U.S. Patent No. 10,917,272 (``the '272 patent'');
U.S. Patent No. 11,646,927 (``the '927 patent''); U.S. Patent No.
11,777,776 (``the '776 patent''); and U.S. Patent No. 12,063,134 (``the
'134 patent''). The complaint further alleges that an industry in the
United States exists as required by the applicable Federal Statute. The
complainant requests that the Commission institute an investigation
and, after the investigation, issue a limited exclusion order and cease
and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#5d1819140e6e1538312d1d282e34293e733a322b"><span class="__cf_email__" data-cfemail="2762636e74146f424b576752544e534409404851">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2025).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 21, 2025, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1 and 11 of the '272 patent; claims 1 and 2 of the '927 patent;
claims 1-6 of the '776 patent; and claims 1-7 of the '134 patent, and
whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``video game consoles,
routers, and gateways, and components thereof'';
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. 1337(d)(l),
(f)(1), (g)(1);
(4) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
The complainant is: AX Wireless, LLC, 2025 Guadalupe Street, Suite
260, Austin, TX 78705.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Sony Interactive Entertainment Inc., 1-7-1 Konan, Minato-ku, Tokyo,
Japan 108-0075
Sony Interactive Entertainment LLC, 2207 Bridgepointe Parkway, San
Mateo, CA 94404
Vantiva SA, 10, Boulevard De Grenelle, Paris, Ile-de-France, France
75015
Vantiva USA, LLC, 4855 Peachtree Industrial Blvd., Suite 200, Norcross,
GA 30092
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
Issued: March 21, 2025.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-05172 Filed 3-26-25; 8:45 am]
BILLING CODE 7020-02-P
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