By Eric Schweibenz
On January 24, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Initial Determination (ID) in Certain Mobile Telephones And Wireless Communication Devices Featuring Digital Cameras, and Components Thereof (Inv. No. 337-TA-703).

By way of background, the Complainant in this investigation is Eastman Kodak Company (“Kodak”) and the Respondents are Research In Motion, Ltd., Research In Motion Corporation (collectively, “RIM”), and Apple Inc. (“Apple”).  The Commission instituted the investigation on February 17, 2010.

According to the notice, ALJ Luckern determined that there was no violation of Section 337 in this investigation by RIM or Apple.  Specifically, ALJ Luckern determined, inter alia, that (1) claim 15 of U.S. Patent No. 6,292,218 (the ‘218 patent) is invalid as obvious under 35 U.S.C. § 103 in view of certain prior art references, (2) RIM and Apple’s products do not infringe claim 15 of the ‘218 patent, (3) the ‘218 patent is enforceable, (4) Kodak has established a domestic industry, and (5) there is no patent exhaustion.

The notice issued by ALJ Luckern released only the conclusions of law in the ID.  We will provide additional information after the public version of the ID issues in its entirety.