Motiva, LLC v. International Trade Commission

PROST, Circuit Judge.

Motiva, LLC (“Motiva”) appeals the decision of the International Trade Commission (“Commission”) that Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively “Nintendo”) did not violate § 337 of the Tariff Act of 1930 by importing, selling for importation, or selling certain video game systems and controllers. Because the Commission properly determined that a domestic industry does not exist nor is in the process of being established for U.S. Patent Nos. 7,292,151 (“'151 patent”) and 7,492,268 (“'268 patent”), we affirm.

I. BACKGROUND

Motiva owns the '151 and '268…