Tue, May 14, 2013

Chris Bakewell Provides Testimony Consistent with Appellate Outcome in Domestic Industry Matter

Managing Director Chris Bakewell recently provided expert testimony regarding domestic industry before the International Trade Commission (ITC) in the matter of “Certain Video Games Systems and Controllers” that involved the Nintendo Wii. Duff & Phelps was retained by counsel for Nintendo to provide expert testimony after the case was remanded for trial. Consistent with Chris’ trial testimony, the Administrative Law Judge (ALJ) rendered a determination that the claimant Motiva had not established a domestic industry. Motiva appealed the ALJ’s decision, but the Commission upheld the ALJ’s decision and issued its final determination. Motiva again appealed the Commission’s ruling to the Court of Appeals for the Federal Circuit (CAFC). On May 13, 2013, the CAFC issued an Order upholding the findings of the ALJ and the Commission. 

The case is in the Matter of Certain Video Game Systems and Controllers and Components. Thereof, case number 337-TA-743, in the U.S. International Trade Commission. Bloomberg Businessweek online recently noted that the ruling will make it more difficult for “patent-licensing companies to seek an import ban on products as a way to demand royalties.” 

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