March 25, 2009
News Release 09-024
Inv. No. 337-TA-672
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN ELECTRONIC DEVICES HAVING IMAGE CAPTURE OR DISPLAY FUNCTIONALITY AND COMPONENTS THEREOF

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain electronic devices having image capture or display functionality and components thereof. The products at issue in this investigation are small electronic devices such as digital cameras and cellular telephones.

The investigation is based on a complaint filed by LG Electronics, Inc., of Korea on February 20, 2009. A letter supplementing the complaint was filed on March 10, 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 electronic devices having image capture or display functionality and components thereof, that infringe patents asserted in the investigation. The complainant requests that the ITC issue an exclusion order and a cease and desist order.

The ITC has identified Eastman Kodak Company of Rochester, NY as the respondent in this investigation.

By instituting this investigation (337-TA-672), 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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