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Gamevice takes its Nintendo Switch infringement complaint to the USA trade commission

Gamevice takes its Nintendo Switch infringement complaint to the USA trade commission

Nintendo declined to comment on the investigation.

The firm has filed another claim with the US International Trade Commission (ITC), which has now agreed to look further into the matter.

According to Reuters (thanks, Nintendo Life), Gamevice filed a complaint alleging Switch importation "infringed on its patents".

"The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable gaming console systems with attachable handheld controllers and components thereof", the independent Federal agency writes.

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For instance, Nintendo's Joy-Cons still function when not attached to the console, house additional tech like HD rumble and an IR sensor, and are designed exclusively for the use with only the Nintendo Switch itself.

The company, which appeals to principles contained in the Tariff Act of 1930, which protects the North American market against imports, seeks to stop Nintendo from manufacturing the Joy-Con controls, which could stop the import of Switch to the US. Gamevice accused Nintendo of violating the patent "Combination Computing Device and Game Controller with Flexible Bridge Section", which relates to Gamevice's Wikipad Android gaming tablet. Last year, Gamevice sued Nintendo for patent infringement, but that lawsuit was eventually dropped in October 2017. Though the Wikipad hasn't been produced for a few years at this point, Gamevice is still making detachable controllers for smartphones and tablets.

The USITC notes that while its investigation has begun, it hasn't ruled on the validity of the complaint.

Gamevice is asking that the USITC issue "a limited exclusion order and cease and desist orders". The case was hardly their first time in court, and it likely won't be their last. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.

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