The investigation is based on a complaint filed by Eastman Kodak Company of Rochester, NY, on November 17, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile telephones and wireless communication devices featuring digital cameras and components thereof that infringe patents owned by Eastman Kodak Company. The complainant requests that the ITC issue an exclusion order and cease and desist orders.
The ITC has identified the following as respondents in this investigation:
Samsung Electronics Company, Ltd., of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, LLC., of Richardson, TX;
LG Electronics, Inc., of Korea;
LG Electronics USA, Inc., of Englewood Cliffs, NJ; and
LG Electronics MobileComm USA, Inc., of San Diego, CA.
By instituting this investigation (337-TA-663), 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.