[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Notices]
[Pages 43724-43725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18435]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-717]


 In the Matter of Certain Digital Imaging Devices and Related 
Software; Notice of Commission Decision Not To Review the ALJ's Final 
Initial Determination Finding No Violation of Section 337; Termination 
of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') final initial determination (``ID'') issued on 
May 12, 2011, finding no violation of section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337, in this investigation.

FOR FURTHER INFORMATION CONTACT: Panyin Hughes, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3042. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 19, 2010, based on a complaint filed by Apple Inc. of Cupertino, 
California (``Apple''). 75 FR 28058 (May 19, 2010). The complaint 
alleged

[[Page 43725]]

violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain digital 
imaging devices and related software by reason of infringement of 
various claims of United States Patent Nos. 6,031,964 and RE 38,911. 
The complaint named Eastman Kodak Company of Rochester, New York 
(``Kodak'') as respondent.
    On May 12, 2011, the ALJ issued his final ID, finding no violation 
of section 337 by Kodak with respect to any of the asserted claims of 
the asserted patents. Specifically, the ALJ found that the accused 
products do not infringe the asserted claims of the '964 patent. The 
ALJ also found that none of the cited references rendered the asserted 
claims obvious, and that Kodak is not a co-owner of the patent. 
Regarding the '911 patent, the ALJ found that the accused products do 
not infringe its asserted claims. The ALJ also found that the prior art 
anticipates and invalidates the asserted claims and that Kodak is not a 
co-owner of the patent. The ALJ concluded that an industry exists 
within the United States that practices the '911 patent but that a 
domestic industry does not exist with respect to the '964 patent as 
required by 19 U.S.C. 1337(a)(2).
    On June 1, 2011, Apple filed a petition for review of the ALJ's 
findings related to the '964 patent. Apple did not petition for review 
of any of the ALJ's findings related to the '911 patent. On June 9, 
2011, the Commission investigative attorney (``IA'') and Kodak filed 
respective responses to Apple's petition for review. Neither the IA nor 
Kodak filed petitions or contingent petitions for review of the ID.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petition for review, and the responses thereto, the 
Commission has determined not to review the subject ID.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.42-46 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-46).

    By order of the Commission.
    Issued: July 18, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-18435 Filed 7-20-11; 8:45 am]
BILLING CODE 7020-02-P