26
Jul
By Eric Schweibenz
On July 18, 2011, the International Trade Commission (the “Commission”) issued a notice determining not to review an Initial Determination (“ID”) issued by ALJ Robert K. Rogers, Jr. on May 12, 2011 determining that there is no violation of Section 337 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 issued the ID on May 12, 2011 determining 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).  See our May 16, 2011 post for more details.  On June 1, 2011, Apple filed a petition for review of the ID relating to the ‘964 patent, but did not petition for review of the ID relating to the ‘911 patent.  On June 9, 2011, the Commission Investigative Staff (“OUII”) and Kodak filed respective responses to Apple’s petition for review.  Neither OUII nor Kodak filed petitions or contingent petitions for review of the ID.

In the notice, the Commission stated that it has determined not to review the ID.  This effectively ends the 717 investigation.
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