Jazz Photo Corporation v. International Trade Commission

264 F.3d 1094 (2001)

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Nature of the Case

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Facts

In an action brought under section 337 of the Tariff Act of 1930 as amended, 19 U.S.C. § 1337, P charged Ds with infringement of fifteen patents owned by P. Ds were importing used 'single-use' cameras called 'lens-fitted film packages' (LFFP's), which had been refurbished for reuse in various overseas facilities. Section 337 makes unlawful 'the 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). The Commission determined that twenty-six Ds had infringed all or most of the claims. It issued a General Exclusion Order and Order to Cease and Desist. The decision was based on the ruling that the refurbishment of the used cameras is prohibited 'reconstruction,' as opposed to permissible 'repair.' It is conceded by all that the refurbished cameras contained all of the claim limitations in the patents. The first sale of the units were in the United States with P's authorization. Ds’ activities were limited to the steps of (1) removing the cardboard cover, (2) cutting open the plastic casing, (3) inserting new film and a container to receive the film, (4) replacing the winding wheel for certain cameras, (5) replacing the battery for flash cameras, (6) resetting the counter, (7) resealing the outer case, and (8) adding a new cardboard cover. Ds appealed.