• ALJ Rogers Issues Initial Determination In Certain Digital Imaging Devices And Related Software (337-TA-717)
  • May 19, 2011 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On May 12, 2011, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Digital Imaging Devices and Related Software (Inv. No. 337-TA-717).

    By way of background, the Complainant in this matter is Apple, Inc.  The Respondent is Eastman Kodak Company (“Kodak”).

    According to the notice, ALJ Rogers determined that there is no violation of Section 337 with respect to U.S. Patent Nos. 6,031,964 (the ‘964 patent) and RE38,911 (the ‘911 patent).  Specifically, ALJ Rogers determined that the accused Kodak products do not infringe (1) claims 1, 3, 5, 7, and 8 of the ‘964 patent, and (2) claims 15, 27, 30, and 38 of the ‘911 patent.  ALJ Rogers also determined that an industry does exist in the U.S. that exploits the ‘911 patent, as required by 19 U.S.C. § 1337(a)(2), but an industry does not exist in the U.S. that exploits the ‘964 patent, as required by 19 U.S.C. § 1337(a)(2).

    The notice issued by ALJ Rogers released only the conclusions of law in the ID.  We will provide additional information after the public version of the ID issues in its entirety.