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OUII Seeks Clarity On ‘Process Of Establishment’ Claims

Law360, New York (November 29, 2011, 6:34 PM EST) -- The U.S. International Trade Commission should review a recent finding in a video game patent infringement case and clarify how to determine if a domestic industry is in the process of being established in Section 337 cases, the ITC’s Office of Unfair Import Investigations said in a petition publicized Tuesday.

The OUII's petition, filed on Nov. 15, didn't ask the ITC to disturb an administrative law judge's Nov. 2 conclusion that the asserted claims of video game company Motiva LLC's patents hadn't been infringed and that respondents Nintendo Co. Ltd. and Nintendo of America Inc. had not violated of U.S. trade...

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