On April 15, 2010, concurrent with the filing of its lawsuit discussed here, Apple also filed a complaint with the United States International Trade Commission requesting an investigation against Kodak regarding patents identified as 6,031,964 and Re38,911. A copy of the Complaint, sans exhibits, can be viewed here. The Complaint alleges unlawful importation of infringing devices and then subsequent sale of such devices. The relief sought is stated as follows:
Apple seeks as relief a permanent limited exclusion order prohibiting infringing digital imaging devices and related software manufactured or sold by or on behalf of Kodak from entry into the United States. Apple further seeks a permanent cease and desist order prohibiting Kodak form importing, selling, marketing, advertising, distributing, offering for sale, transporting (except for exportation), and soliciting U.S. agents or distributors for, infringing digital imaging devices and related software.
The alleged infringing products are noted as follows:
The Accused Products are digital imaging devices, including digital cameras and video cameras, and related software manufactured, marketed, and/or sold by Kodak in the United States. At least the following Kodak models infringe one or more claims of one or more of the Asserted Patents: the Kodak Z Series of Cameras, including but not limited to the Z915, Z950, Z1085 IS, and Z1485 IS; the Kodak M Series of Cameras, including but not limited to the M340, M341, M380, M381, M530, M550, M1033, and M1093 IS; the Kodak C Series of cameras, including but not limited to the C142, C180, C182, C190, and C913; the Kodak SLICE camera; and the Kodak video cameras, including but not limited to the Zi6, Zi8, Zx1, and the Zx3 PLAYSPORT.
The Complaint gives a non-technical summary of the patents which can be read at the link above if interested. A run-down of purchases made by or on behalf of Apple proving importation and sale of these goods is also detailed. This case has been assigned to Administrative Law Judge Robert K. Rogers. A pre-hearing conference is scheduled for June 3, 2010.
World of Apple will continue to monitor this investigation and keep you updated accordingly.
Relevant Documents
- Page 1 and Page 2 of the ITC docket
- Apple’s Complaint
- Notice Setting Pre-Hearing Conference
- ITC “Ground Rules”
- ITC’s Notice of Investigation
On a humourous note, in my research to locate this docket, I ran across this item (Click for Image): Certain Investigations That Have Absolutely Nothing to Do With Anything and Components Therefof 337-999999.
I kid you not.
In addition to her position as Assistant Editor at World of Apple, dizzle runs idrankthekoolaid, an Apple fangrl satire blog, and is an Administrator and Hostess at MyAppleSpace and their vidcast MASTv.