ITC Institutes Patent Investigation on Certain Mobile Telephones and Wireless Devices Featuring Digital Cameras
The International Trade Commission has instituted a section 337 patent-based investigation of certain mobile telephones and wireless communication devices featuring digital cameras and components thereof pursuant to a complaint.
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Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Eastman Kodak Company of Rochester, New York, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain mobile telephones and wireless communication devices featuring digital cameras, and components thereof that infringes certain claims of U.S. Patent Nos. 5,493,335 and 6,292,218.
The complainant requests that after the investigation, the ITC issue an exclusion order and cease and desist orders.
Respondents Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337:
Samsung Electronics Company, Ltd., of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, LLC., of Richardson, TX;
LG Electronics, Inc., of Korea;
LG Electronics USA, Inc., of Englewood Cliffs, NJ; and
LG Electronics MobileComm USA, Inc., of San Diego, CA.
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 contact - Lisa Murray (202) 205-2734
ITC notice (Inv. No. 337-TA-663, FR Pub 12/18/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-29954.pdf
ITC press release (08-122, dated 12/15/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er1215ff1.htm