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Jazz Photo Corporation v. International Trade Commission

Judgment of infringement reversed as to one-use cameras whose first sale was in the U.S. and regarding which defendants engaged in certain limited activities because the totality of those activities constituted permissible repair and did not satisfy the standards required by precedent for prohibited reconstruction.

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Appealed from: United States International Trade Commission

In an action brought under section 337 of the Tariff Act of 1930 as amended, 19 U.S.C. �1337, Fuji Photo Film Co. charged twenty-seven respondents, including the appellants Jazz Photo Corporation, Dynatec International, Inc., and Opticolor, Inc., with infringement of fifteen patents owned by Fuji. The charge was based on the respondents’ importation of used “single-use” cameras called “lens-fitted film packages” (LFFP’s), which had been refurbished *fn1 for reuse in various overseas facilities. Section 337 makes unlawful “[t]he importation into the United States . . . of articles that . . . infringe a valid and enforceable United States patent . . . [or that] are made, produced, processed, . . . under, or by means of, a process covered by the claims of a valid and enforceable United States patent.” 19 U.S.C. �1337(a)(1)(B). Eight respondents did not respond to the Commission’s complaint, ten more failed to appear before the Commission, and one was dismissed. Eight respondents participated in the hearing, and three have taken this appeal.

The Commission determined that twenty-six respondents, including the appellants, had infringed all or most of the claims in suit of fourteen Fuji United States patents, *fn2 and issued a General Exclusion Order and Order to Cease and Desist. In the Matter of Certain Lens-Fitted Film Packages, Inv. No. 337-TA-406 (Int’l Trade Comm’n June 28, 1999). This court stayed the Commission’s orders during this appeal. Dynatec Int’l, Inc. v. Int’l Trade Comm’n, No. 99-1504 (Fed. Cir. Sept. 24, 1999) (unpublished).

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