March 19, 2009
News Release 09-022
Inv. No. 337-TA-671
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN DIGITAL CAMERAS

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain digital cameras. The products at issue in this investigation are hand-held digital cameras.

The investigation is based on a complaint filed by Samsung Electronics Co., Ltd., of Korea, and Samsung Electronics America, Inc., of Ridgefield Park, NJ, on February 17, 2009. Letters supplementing the complaint were filed on February 27, 2009 and March 11, 2009. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital cameras that infringe patents asserted in the investigation. The complainants requests that the ITC issue an exclusion order and a cease and desist order.

The ITC has identified Eastman Kodak Company as the respondent in this investigation.

By instituting this investigation (337-TA-671), the ITC has not yet made any decision on the merits of the case. The ITC's Chief Administrative Law Judge will assign the case to one of the ITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. 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.

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