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ITC Institutes Patent Investigation on Certain Digital Cameras

The International Trade Commission has instituted a section 337 patent-based investigation of certain digital cameras pursuant to a complaint.

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(The products at issue in this investigation are hand-held digital cameras.)

Exclusion and Cease & Desist Orders Requested

The complaint, filed on behalf of Samsung Electronics Co., Ltd. of Korea and Samsung

Electronics America, Inc. of Ridgefield Park, New Jersey, 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 digital cameras by reason of infringement of certain claims of U.S. Patent Nos. 5,731,852 and 6,229,695.

The complainants request that after the investigation, the ITC issue an exclusion order and a cease and desist order.

Eastman Kodak Company Alleged to Be in Violation of Section 337

The ITC has identified Eastman Kodak Company as the respondent alleged to be in violation of section 337.

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 - Bryan Moore (202) 205-2767

ITC notice (Inv. No. 337-TA-671, FR Pub 03/24/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-6415.pdf

ITC press release (09-022, dated 03/19/09) available at http://www.usitc.gov/ext_relations/news_release/2009/er0319gg1.htm