Archive for March 19th, 2009

ITC Institutes Investigation (337-TA-671) Regarding Certain Digital Cameras

Thursday, March 19th, 2009

On March 19, 2009, the U.S. International Trade Commission voted to institute an investigation of certain digital cameras.  The investigation is based on a February 17, 2009 complaint filed by Samsung Electronics Co., Ltd. of Korea and Samsung Electronics America, Inc.  As explained in our February 19 post, the complaint alleges that Eastman Kodak Company [...]

Did You Know . . . Determinations Of Patent Issues At The ITC Are For Purposes Of Section 337 Only And Do Not Have Res Judicata Effect?

Thursday, March 19th, 2009

Patent owners often simultaneously file suits in both the ITC and district court on the same patent(s).  If an ITC investigation is ongoing, an accused infringer can request, as a matter of right, a stay of the parallel district court action under 28 U.S.C. § 1659.  Even if the accused infringer does not request a [...]