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New Patent Infringement Petition on Digital Imaging Devices

Thursday, January 12, 2012
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission received Jan. 10 a petition requesting that it institute a Section 337 patent infringement investigation regarding electronic devices for capturing and transmitting images and components thereof, such as smartphones and tablets. The petition was filed by Eastman Kodak to defend four of the more than 1,100 digital imaging technology patents it is trying to sell as part of a restructuring effort that could include a bankruptcy filing.

The primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory. However, Kodak chief operating office Laura Quatela was quoted as saying the company’s “primary interest is not to disrupt the availability of any product but to obtain fair compensation for the unauthorized use of our technology.”

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