ITC Institutes Patent Investigation of Smartphones with Cameras Brought by Kodak Against BlackBerry Mfgr, Apple
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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(The products at issue in this investigation are smartphones with built-in cameras.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Eastman Kodak Company of Rochester, NY, and alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain mobile telephones and wireless communication devices featuring digital cameras and components thereof that infringe a patent asserted by Kodak.
The complainant requests that after the investigation, the ITC issue an exclusion order and cease and desist orders.
BlackBerry Manufacturer, Apple Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337 in this investigation:
- Research In Motion, Ltd., of Canada;*
- Research In Motion Corporation of Irving, TX;* and
- Apple Inc. of Cupertino, CA.
*Note that Research In Motion (RIM) is the designer and manufacturer of the BlackBerry smartphone. RIM also creates solutions for the worldwide mobile communications market, including the software that allows the BlackBerry smartphone to provide mobile access to email, applications, media and the Internet.
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.)
(See ITT's Online Archives or 02/22/10 news, 10022245, for BP summary of another new patent investigation brought by Motorola against BlackBerry's manufacturer for wireless software and devices.
See ITT's Online Archives or 02/22/10 news, 10022250, for BP summary of another new patent investigation brought by Apple against Nokia for mobile communication and computer devices.
See ITT's Online Archives or 02/22/10 news, 10022255, for BP summary of another new patent investigation brought by Toshiba against Wistron for notebook computer products and components.
ITC press release (No. 10-013, dated 02/17/10) available at http://www.usitc.gov/press_room/news_release/2010/er0217hh1.htm