ITC Institutes Patent Investigation of Certain Digital Cameras Brought by Apple Against Kodak
The International Trade Commission has instituted a section 337 patent-based investigation of certain digital imaging devices and related software, pursuant to a complaint (Inv. No. 337-TA-717).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
(The products at issue in this investigation are digital still cameras, digital video cameras, and related software.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Apple Inc., f/k/a Apple Computer, Inc., of Cupertino, CA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of digital imaging devices and related software that infringe patents asserted by Apple.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
Kodak Alleged to Be in Violation of Section 337
The ITC has identified the Eastman Kodak Company of Rochester, NY as the respondent alleged to be in violation of section 337 in this investigation.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC press release (No. 10-049, dated 05/13/10) available at http://www.usitc.gov/press_room/news_release/2010/er0513hh2.htm