The U.S. Appeals Court, Federal Circuit, rejected the challenge o...
The U.S. Appeals Court, Federal Circuit, rejected the challenge of Jack Benun -- onetime Concord Camera CEO -- of a lower court’s jurisdiction to bar import of single-use cameras that infringe Fuji patents. Fuji’s legal battle with Benun dates…
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to 1998, when the camera maker filed a complaint with the International Trade Commission seeking to block imports of Jazz Photo’s single-use cameras it alleged infringed its patents. The ITC eventually ordered Jazz’s cameras seized and imposed a $13 million penalty for violations of an exclusion order. In a related case filed in federal district court, Fuji was awarded $29 million in damages for patent infringement. Jazz filed for bankruptcy in 2003 and liquidated 2 years later, selling its interest in 1.4 million single-use cameras to Benun-controlled Ribi Tech. Fuji sued Benun and Ribi in April 2005 and was granted a preliminary injunction barring Ribi from selling the cameras. Ribi argued that once the ITC entered an exclusion order, the district court was prevented from considering import issues involving the same goods. The appeals court rejected the claim, ruling that an exclusion order “does not alter the district court’s authority to proceed with remedies that may affect the same goods.”