STROOCK STROOCK LAVAN LLP

Transcription

STROOCK STROOCK LAVANLLP
I
!
I
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I
180 MAIDEN
LANE
NEWYOR K,NY 10038-4982
PHONE212-806-5400
FAX 212-806-6006
LAWRENCE
ROSENTHAL.
(2 12) 806-6660
February 12,1998
NONCONFIDENTIAL
Confidential Business Information
Contained In Confidential Exhibit 1
And License Agreements Segregated From
Other Material Being Submitted.
BY HAND
The Honorable Donna R. Koehnke
Secretary
U.S. INTERNATIONAL TRADE COMMISSION
500 E Street, S.W.
Room 112-A
Washington, D.C. 20436
Re:
In the Matter of Certain Lens-Fitted Film Packages
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Dear Secretary Koehnke:
On behalf of Fuji Photo Film Co., Ltcl. ("Fuji"), in support of Fuji's request that the
Commission institute an investigation pursuant to the provisions of Section 337 of the Tariff Act
of 1930, as amended, we enclose for filing the following:
1.
An original (unbound, without tabs) and fourteen copies (of which one is an
unbound copy, without tabs) of the Verified Complaint and accompanying
Exhibits. Note that Exhibit 1 to the Complaint contains confidential business
information and is filed sepafately (see item 2). This original and copies include a
non-confidential redacted version of Exhibit 1.
2.
An original and fourtecn copics of the confidential version of Exhibit 1 with Rule
201.6(b) (3)(iii) certificate (the original and one copy being unbound without
tabs).
100 FEDERAL
STREET
BOSTON.MA 02110
RAK~czI
UT 1-3
H-1088 BUDAPEST,
HUNGARY
2029 CEN
I URY PARK
EAST
Los ANGEL&
CA 90067
200 SOUTH BISCAYNE
BLVD
MIAMI,
FL 33131
1150 SEVENTEENTH
STREET.
N.W.
WASHINGTON,
D.C. 20036
PHONE617-482-6800
FAX 617-330-5111
PHONE361-266-9520
PHONE310 556-5800
FAX 310 556-5959
PHONE305-358-9900
FAX 305-789-9302
PHONE202452-9250
FAX 202-293-2293
FAX 361-266-9279
STROOCK
&
STROOCK
&
LAVANLLP
Secretary
February 13,1998
Page 2
3.
Thirty-two additional copies of the public version of the Complaint and Exhibits
(with public version of Exhibit 1) for service upon the twenty-eight proposed
respondents and the four governments of the countries of the foreign proposed
Respondents;
4.
Twenty-eight copies of the confidential version of Exhibit 1 for service upon
proposed respondents upon issuance of and subscription to a suitable protective
order;
5.
A certified copy of each of the fifteen patents and a certified copy of each
assignment of each such patent (note that three of the patents 4,884,087,
4,954,857 and 4,972,649 are covered by a single assignment and that the certified
copy is with Patent No. 4,884,087) (legible copies of each such involved patent
and each such assignment are enclosed as Enclosures A and B respectively to each
required copy of the Complaint);
6.
Three copies of each license agreement arising out of the patents involved in the
Complaint together with Rule 201.6(b)(3)(iii) certificate, which are segregated
from the other material being submitted because they are confidential;
7.
One certified copy and three photocopies of the United States Patent and
Trademark Office prosecution history for each involved patent;
8.
The certified copies of the patents and assignments of item 5 and the certified file
prosecution histories of item 7 are assembled in one of 4 sets, each consisting of
one copy of each patent, the associated assignment, the file prosecution history of
each patent and applicable pages of each technical reference mentioned in that file
prosecution history;
9.
Samples of Fuji-made Lens-Fitted Film Packages; and
10.
Samples of infringing imports of certain Respondents.
636774~1
STROOCK
&
STROOCK
&
LAVANLLP
Secretary
February 13,1998
Page 3
Fuji requests confidential treatment of the confidential business information contained in
the Confidential version of Exhibit 1 and in the license agreements. The information in
Confidential Exhibit 1 and in the liceiise agreements is confidential because it concerns or relates
to Fuji trade secrets, processes, operations, production, sales, shipments, purchases and amount
or source of income. The disclosure of such confidential business information is likely to have
the effect of causing substantial harm to Fuji's competitive position.
Pursuant to Commission Rule 201.6@)(3)(iii), I hereby certify under oath that
substantially identical information to that in-Confidential Exhibit 1 and the license agreements is
not available to the public.
Respectfully submitted,
Lawrence Rosenthal
Stroock & Stroock & Lavan LLP
180 Maiden Lane
New York, New York, 10038
Counsel for Complainant
New York, New York
Dated:
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ah+--..
Enclosures
636774~1
Sworn to before me on this &'fay
February, 1998.
of
UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, D.C. 20436
VERIFIED COMPLAINT UNDER SECTION 337
O F THE TARIFF ACT O F 1930, AS AMENDED
COMPLAINANT
Fuji Photo Film Co., Ltd.
26-30 Nishiazabu 2-chome
Minato-ku, Tokyo 106 Japan
Counsel for Complainant:
Lawrence Rosenthal, Esq.
Matthew W. Siegal, Esq.
James J. DeCarlo, Esq.
Lisa A. Jakob, Esq.
180 Maiden Lane
New York, New York 10038
Tel: (212) 806-5400
Fax: (212) 806-6006
Will E. Leonard, Esq.
F. David Foster, Esq.
Ablondi, Foster, Sobin &
Davidow, P.C.
1130 Connecticut Avenue, N.W.
Suite 500
Tel: (202) 296-3355
Fax: (202) 296-1493
RESPONDENTS
Achiever Industries Limited
12/F, Union Hing Yip Factory
Building, 20 Hing Yip
Street,Kwun tong, Kowloon,
Hong Kong
Ad-Tek Specialties Inc.
2641 Townsgate Road, #300,
Westlake Village, CA 91361
Argus Industries
2121 Oxford Road
Des Plaines, IL
Boecks Camera LLC
912 N.LaCienega Boulevard
Los Angeles, California 90069
Boshi Technology Ltd.
Room 921 Star House,
3 Salisbury Road, Tsim Ha Tsui
Kowloon, Hong Kong
Date: February 12,1998
Note: Confidential Exhibit 1 is filed separately. A non-confidential version is annexed.
RESPONDENTS
RESPONDENTS
BPS Marketing
18642-142nd Avenue
Woodinville, WA 98017
Jazz Photo Corp.
600 Blair Road
Carteret, NJ 07008
China Film Equipment Corp.
20 Xin De Street,
Beijing, P.R. China
ZipC: 100088
Klikit
PO Box 300492
Brooklyn, NY 11230
Dynatec International, Inc.
3820 West Great Lakes Drive
Salt Lake City, Utah 84120
Konica Corporation
No. 1 Sakura-machi Hino-shi,
Tokyo, 191, Japan
Fast Shot
7250 Harwill Drive, Suite 0
Houston, TX 77036
Labelle Time, Inc.
65 N.Q. 166th Street
North Miami, FL
Forcecam, Inc.
380 South Mentor Avenue
Suite 11
Pasadena, CA 91106
Linfa Photographic Ind. Co. Ltd.
Room 1018-1 020,l O/F1,
Tower B, New Mandarin Plaza,
14 Science Museum Road, T.S.T.
East Kowloon, Hong Kong
Innovative Trading Co.
380 South Mentor Avenue
Suite 11
Pasadena, CA 91 106
Opticam Inc.
810 Navy Street
Santa Monica, CA 90405-5639
Haichi International Inc.
444 Park Avenue South, 7fhFloor
New York, NY 10016
Opticolor Camera
3213 West Wheeler Street
Seattle, WA 98199
RESPONDENTS
Penmax, Inc.
302 West Evergreen Avenue
Monrovia, CA 91016-4503
RESPONDENTS
Sakar International, Inc.
195 Carter Dr.
Edison, N J 08817-2068
-2559340~7
PhilmEx Photographic Film
912 N.La Cienega Boulevard
Los Angeles, California 90069
T.D.A. Trading Corp.
31-16 Hunters Point Avenue
Long Island City, NY 11101
P.S.I. Industries, Inc.
1160-B South Rogers Circle
Boca Raton, FL 33487
Vantage Sales, Inc.
600 E. Higgins Road
Elk Grove Village, IL 60007-1519
Rainbow Photo Camera & Video
1150 Hermosa Ave
Hermosa Beach, CA 90254-3719
Vivitar Corp.
1280 Rancho Conejo Blvd.
Newbury Park, CA 91320-1403
Rino Trading Co., Ltd.
B101,448-1 Sungnae-1 Dong, Kong
Pong-Ku,
Seoul, Korea
-3559340~7
TABLE OF CONTENTS
I.
NTRODUCTION. .............................
11.
COMPLAINANT....................................................................................................................
9
111. THE PRODUCTS AT ISSUE ............-..................................................................................
10
IV. THE I N F W G m G ACTNITIES ........................................................................................
19
PROPOSED RESPONDENTS .............................................................................................
25
Achiever Industries Limited.............................................................................................
Ad-Tek Specialties Inc. ...................................................................................................
Argus Industries................................................................................................................
Boecks Camera LLC ........................................................................................................
Boshi Technology Ltd. .....................................................................................................
BPS Marketing .................................................................................................................
China Film Equipment COT. ...........................................................................................
Dynatec International, Inc.................................................................................................
Fast Shot...........................................................................................................................
Forcecam, Inc. ..................................................................................................................
Haichi International Inc. ...................................................................................................
Innovative Trading Co. .....................................................................................................
L.
M. Jazz Photo Gorp, ...............................................................................................................
N. Klikit.. ...............................................................................................................................
0. Konica Corporation ..........................................................................................................
Labelle Time, Inc.. ............................................................................................................
P.
Q. Linfa Photographic Ind. Co. Ltd.......................................................................................
R. Opticam Inca.....................................................................................................................
S. Opticolor Camera .............................................................................................................
T. Pemax, Inca.....................................................................................................................
U. PhilmEx Photographic Film .............................................................................................
V. P.S.1. Industries, Inc..........................................................................................................
w. Rainbow Photo Camera & Video .....................................................................................
X. Rino Trading Co., Ltd. .....................................................................................................
Y. SakX International, Inc....................................................................................................
T.D.A. Trading Cop. .......................................................................................................
Z.
AA. Vantage Sales, Inc. ...........................................................................................................
AB. Vivitar C o y . .....................................................................................................................
26
27
28
28
29
29
30
31
32
33
34
35
35
36
37
37
38
39
39
40
41
42
42
43
.44
44
45
46
V.
.................................................................................. 6
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
VI. OTHER ENTITIES .............................................................................................................. 46
A.
B.
C.
Advance Tech International Ltd. ......................................................................................
46
Asahi Supply Corporation ................................................................................................
47
Atico International........................................................................................................... .48
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559340~7
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0.
P.
Citiwell Ind. Ltd. ..............................................................................................................
Civics Indushes ...............................................................................................................
Far Sharp Industrial Gorp. .............-..................................................................................
Jasko Marketing Inc. .................... .'. .................................................................................
Jewon Trading Cos ...........................................................................................................
Luckchance Development Ltd. .........................................................................................
Miracle Company .......................... .-.................................................................................
Newko Trading Corporation.............................................................................................
One World Production Co. Ltd. .......................................................................................
Picnic Co,, Ltd. .................................................................................................................
Promax Industrial (HK) Ltd. ............................................................................................
Vast Fame Investment Ltd................................................................................................
Yee Enterprises.................................................................................................................
VII. THE PATENTS
A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
K.
L.
M.
N.
0.
ISSUE ...................................................................................................
The '495 Patent (U,S. Patent No. 4,833,495) ...................................................................
The '774 Patent (U.S. Patent No. 4,855,774) ...................................................................
The '087 patent (U.S. Patent No. 4,884,087) ...................................................................
The '857 patent (U.S. Patent No. 4,954,857) ...................................................................
The '1 11 Patent (U.S. Patent No. 5,361,1 11) ...................................................................
The '168 Patent (U.S. Patent No. Re 34,168) ...................................................................
The ID750 Patent @,S, Design Patent No. Des. 345,750) ...............................................
The 'Dl01 [email protected]. DesignPatentNo, Des. 356,101) ...............................................
The ID722 Patent @.Sa Design Patelit No. Des. 372,722) ...............................................
VIII. LICENSES ...........................................................................................................................
48
49
49
50
50
51
51
52
53
53
54
54
55
55
56
59
62
65
69
72
74
76
78
81
83
85
87
88
89
90
IX. THE DOMESTIC N U S T R Y ............................................................................................. 90
X. OTHER LITIGATION............................................................................................................
.93
XI. GENERAL EXCLUSION ORDER......................................................................................
93
XII. PRAYER FOR RELIEF........................................................................................................
95
VERIFICATION.. ...........................................................................................................................
EXHIBIT LIST ..............................................................................................................................
EXHIBITS 1-85 (Confidential Exhibit Version of Exhibit 1 filed separately)...............................
-5559340~7
--1. INTRODUCTION
1.
This Complaint is filed by Fuji Photo Film Co., Ltd. ("Fuji") pursuant to Section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 0 1337 ("Section 3 3 7 3 based upon the
importation into the United States, the sale for importation into the United States and sale within
the United States after importation by the below identified proposed Respondents and others for
which Fuji now has insufficient evidence of importation or are not now known, of certain LensFitted Film Packages ("LFFPs"), and processes carried out in the manufacture and remanufacture
thereof. The Respondents are foreign manufacturers and exporters, as well as domestic
importers, of LFFPs covered by Fuji's patenfs identified below. LFFPs are more commonly
known as "one-time use cameras", "single-use cameras", "film with lens", or "disposable
cameras," Le., a "camera" sold pre-loaded with a roll of undeveloped film unwound from its
cartridge (also known as a cassette or patronc) into a light tight compartment. After the user has
taken a picture, the exposed film is wound into the cartridge. After all of the film is exposed, all
of the film is wound into the cartridge and the LFFP is then taken in its entirety to a
photofinisher, which removes the film cartridge for developing. The emptied, spent LFFP shell
is not returned to the user after developing. LFFPs are intended and designed for one-time use
and are so labeled on the packaging thereof.
2.
The constructions, designs, methods of manufacture and remanufacture,
distribution, sale, offer for sale and use of thc accused LFFPs by the Respondents, and others for
which Fuji now has insufficient evidence of importation or are not now known, infringe one or
more of Fuji's United States Letters Patent Nos.:
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4,833,495 ("the '495 patent") which generally covers an LFFP having projections
for promoting smooth, scratch free unrolling of film during use;
4,855,774 ("the '774 patent") which generally covers an LFFP having projections
in the form of a plurality of ribs for promoting smooth, scratch free unrolling of
film and other features;
4,884,087 ("the '087 patent") which generally covers an LFFP having (i) a spool
which promotes film loading, (ii) certain assembly features;
4,954,857 ("the '857 patent") which generally covers (i) an LFFP having a roll of
unexposed film having no inner spool; (ii) LFFP film advancement features; and
(iii) a spool in an LFFP film roll to promote film loading;
4,972,649 ("the '649 patent") which generally covers methods of assembling an
LFFP with unexposed film removed from a film cartridge and wound in a roll to
promote ease of use;
f)
5,063,400 ("the '400 patent") which generally covers an LFFP with a bottom lid
for removing an exposed roll of film in a film cartridge to make photo processing
easier;
5,235,364 ("the '364 patent") which generally covers an LFFP with a flash unit
arranged in a specified way to promote compactness;
5,3 16,111 ("the '111 patent") which generally covers an LFFP with a wall to
protect the flash button to prevent inadvertent flash activation;
5,381,200 ("the '200 patent") which generally covers an LFFP with a shutter blade
having a crank shape to promote a thinner design;
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5,408,288 ("the '288 patent") which generally covers an LFFP with a winding
knob having knurled teeth to mesh with a film cartridge having knurled teeth, to
permit maximizing use of the film when the knob is engaged with the cartridge;
5,436,685 ("the '685 patent") which generally covers an LFFP having a removable
mechanical unit to facilitate rccycling of spent LFFPs and the remanufacture
thereof;
Re 34,168 ("the '168 patent") which generally covers an LFFP in which internal
parts project into the thickness of the front cover to promote a thinner shape;
Des. 345,750 ("the ID750 patent") which covers the ornamental feature of a Fuji
Type 1 LFFP' without flash;
Des. 356,101 ("the ID101 patcnt") which covers the ornamental feature of a Fuji
Type 1 LFFP with flash;
Des. 372,722 ("the ID722 patent") which covers the ornamental feature of a Fuji
Type 4 LFFP.
The patents listed in subparagraphs a-o will be referred to herein as the "subject patents."
3.
Certified copies of the subject patents are enclosed herewith as Enclosure A. Fuji
owns by assignment the entire right, title and interest in and to the subject patents. A copy of the
front page and claims of each patent and a copy of a certified copy of the recorded assignments
are included as Exhibits 2 through 16, respectively. Certified copies of each assignment are
enclosed herewith as Enclosure B.
1
The various "Types" of Fuji LFFPs are more particularly described below in Section 111.
-8-
559340~7
4.
Fuji seeks, as relief, a general exclusion order excluding infringing LFFPs from
entry into the United States. In addition, Fuji requests cease and desist orders that prohibit
selling, offering for sale, distributing or otheiwise using in the United States LFFPs imported into
the United States that infringe any of the subject patents, or manufacturing, remanufacturing, or
selling for importation into the United States, importing into the United States or exporting to the
United States, either directly or indirectly, D F P s that infringe any of the subject patents. The
Respondents are entities located in China, Hung Kong, Korea, Japan and the United States,
engaged to Fuji's knowledge, in the manufacture, remanufacture, importation, sale and/or offer
for sale of infringing LFFPs imported into the United States.
11. COMPLAINANT
5.
Fuji is a business entity organized and existing under the laws of Japan. Fuji has
its principal place of business at 26-30 Nishiazabu 2-chome, Minato-ku, Tokyo 106 Japan. Fuji,
by and through its various wholly owned direct and indirect subsidiaries in the United States, has
become one of the nation's leading providers of imaging and information products.
6.
Fuji began its U.S. operations in the 1950s with a one-person liaison office and in
1965 established its first U.S. subsidiary, Fuji Photo Film U.S.A., Inc., in a small office in New
York's Empire State Building. Presently, Fuji's U.S. presence has increased to over 8,000
employees at 44 facilities in 23 states. Fuji's total U.S. investment has amounted to over $2
billion in the past 10 years alone. In 1996 Fuji exported from the United States a high dollar
amount of products which had been made by Fuji in the United States, as is set forth in paragraph
1 of Confidential Exhibit 1 filed herewith, a nonconfidential version of which is annexed. In
-9-
1988 Fuji started construction of a major manufacturing facility in Greenwood, South Carolina
that now employs 1200 people.
7.
Production of LFFPs covered by the subject patents started in 1995 at Fuji's
Greenwood plant, which now supplies a significant percentage of the LFFPs sold by Fuji in the
United States and a large number of LFFPs per year exported for sale outside the United States.
These figures are set forth in paragraph 2 of Confidential Exhibit 1. Fuji Type 1 (with and
without flash) and Type 4 (with and without flash) LFFPs are now manufactured at the
Greenwood plant. Fuji's extensive LFFP product line has resulted in high revenues being
generated through its U.S. subsidiaries. The value of these sales is set forth in paragraph 3 of the
Confidential Exhibit 1.
8.
Fuji pioneered the development of LFFPs, introducing the first LFFP product in
Japan in 1986. Since then, Fuji has expended substantial time, money and effort to improve on
the original idea and now produces, and has produced over the years, extremely high quality
products manufactured to exacting quality standards. From the introduction of the first products
covered by one or more of the subject patents in 1987, through the end of 1996, Fuji has sold
millions of such LFFPs worldwide and in the United States. These amounts are set forth in
paragraph 4 of Confidential Exhibit 1.
PRODUCTS AT ISSUE
111. THE
9.
The LFFPs covered by one or more of the subject patents and at issue herein are
more commonly known in the marketplace as "single-use cameras," "one-time use cameras'' or
"disposable cameras." As indicated clearly on the packaging of these products, a consumer
shoots the pre-loaded roll of film and then turns the entire LFFP in to a photo processor, which
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does not return the spent shell to the consumer. Sales of such "one-time use cameras" covered by
one or more of the subject patents have increased exponentially in the 11 years since the
product's introduction, achieving sales volumes of approximately 9 million units in 1990 and
increasing to over 65.5 million units in 1996 in the United States alone. See Exhibit 17, a trade
article taken from the publication Discount Store News dated August 18, 1997.
10.
LFFPs are commonly sold at discount stores, convenience stores, drug stores,
supermarkets, photo shops and department stores, as well as amusement parks, zoos, theme parks
and resorts worldwide. LFFPs are also used in a fast growing market segment known as the
premium, or incentive market, wherein LFFPs are used as promotional tools to market myriad
products. See, for example Exhibit 18 containing advertisements for and/or examples of
promotional uses of LFFPs. LFFPs are also widely used as party favors at weddings, bar
mitzvahs and the like, such as, for example, the LFFPs depicted in advertisements in Exhibit 19.
11.
LFFPs provide a simple and inexpensive alternative to investing in and/or
transporting expensive photographic gear when on vacation or during leisure activities and
special occasions, and for many people have become the "camera" of choice because of their
price and convenience of use. LFFPs requirc no knowledge or skill on the part of the user
concerning loading, rewinding, and unloading of film, or otherwise handling same.
12.
Fuji created the world's first LFFPs and is a world-recognized innovator,
manufacturer and distributor of quality LFFP products throughout the United States and the
world. Currently, Fuji's LFFPs are marketed in a wide variety of configurations, ranging from
simple daylight LFFPs with no flash attachment, to flash unit equipped LFFPs, telephoto and
panoramic LFFPs, as well as LFFPs configured for rough weather and/or underwater use.
-1 1559340~7
13.
LFFPs are formed, generally, with a sealed, light-tight container or casing which
can be formed of a plastic case alone (also rcferred to as a shell) or as the combination of a
plastic case and a cardboard outer box. The light-tight case houses: a shutter which is activated
by a shutter release button; one or more lenses through which an image is focused onto the film;
a viewfinder for aiming the camera at the subject to be photographed; a film advance mechanism
(commonly built integral with the shutter) fix advancing film frame by frame and including a
wheel indicating the number of exposures or frames remaining as exposures are taken; and if so
equipped, a flash unit and a button for charging the flash unit for flash photography (the flash
unit being activated in conjunction with the operation of the shutter). The integral film
advancehhutter mechanism (where present) can be referred to as the mechanical unit as it
includes most or all of the moving parts of an LFFP.
14.
Specimens of Fuji Type 1 awl Type 4 LFFPs currently being produced in the
United States are submitted with this Complaint as a package labeled "SPECIMENS". Each of
the subject patents covers at least one of the specimens.
15.
The LFFP's light-tight casing, which is generally made of injection molded plastic
material, is usually covered with an outer caver of cardboard. The outer cover is configured as a
box which permits the plastic casing to be enclosed therein. The box contains cutouts to
accommodate the lens, viewfinder, flash and control buttons, as necessary. Because the cover
can contain printing of any type, it serves as the medium by which the LFFP product is branded,
and frequently also contains printed use insti uctions for operating the LFFP as well as other
messages. Some more recent models provide a portion of the casing with a more aesthetically
-1 2559340~7
appearing plastic surface, so that the outer cadboard cover is reduced to reveal that surface, or a
paper cover is adhered to only portions of the casing.
16.
As marketed, the LFFP's cardboard cover serves additional functions beyond
branding and messaging. First, the cardboard cover contributes to the light-tightness of the LFFP
case by surrounding the plastic case virtually completely, except of course for the viewfinder,
lens, film advance wheel, film counter portions and buttons of the LFFP case. The paper cover
can also contribute to light tightness, but where used, the light tightness of the plastic casing must
be improved.
17.
The cardboard cover also helps to protect the film in the LFFP from the adverse
effects of moisture. Unlike a conventional camera, which is sold without film, an LFFP contains
film as soon as it is manufactured.
18.
The entire LFFP should be shipped and stored in an airtight and moisture-resistant
bag, also for the purpose of moisture protection and protection from other airborne contaminants.
Since film is highly sensitive to moisture, it is important to protect the film in the LFFP from the
presence of extraneous moisture which can leak into or become trapped in the bag during
shipment and storage. Thus the cardboard cover plays an additional role as a moisture absorbing
medium surrounding the LFFP's plastic case. Where a partial paper cover is used, a moisture
absorbing insert is commonly provided, usually in the form of a promotional piece or instructions
for use.
19.
Additionally, the cardboard cover provides a protective covering for the LFFP
case, assisting in the protection from scratchcs and providing a modicum of shock absorption.
-13559340~7
20.
As mentioned above, unlike an ordinary camera, a novel and desirable feature of
an LFFP is that the film is pre-loaded in the sealed LFFP unit as purchased or used by the
consumer. No film need ever be handled or loaded by the user. One simply takes the LFFP,
points it at the intended subject, and shoots photographs. Depending on the model purchased, the
user may take 12,24,25,27,36,39 or 40 exposures, as dictated by the configuration of the preloaded film. Unlike a conventional camera, the film is loaded in the LFFP unwound from the
cartridge and is wound back into the cartridge as each shot is taken.
21.
When all of the exposures on the included roll of film have been taken, the user
need not rewind the film and remove it from the LFFP, as in a standard camera arrangement.
Indeed, because the LFFP is a sealed unit, the user cannot remove the film from the LFFP
without destroying the integrity of the LFFP light-tight case. Rather, the user takes the entire
LFFP to a photo finisher for developing, hence the term "one-time usell or "disposable." The
LFFP is broken open by the photo finisher to extract the exposed roll of film, which is safely
within a light tight cartridge at this point in time. The film is then developed, and the negatives
and photo prints are returned to the user.
22.
The spent LFFP casing that has been broken open by the photo finisher may either
be discarded, or returned to the manufactura- to be further rendered into its constituent parts for
recycling or reuse of such parts as appropride.
23.
LFFP manufacturers such as Fuji and Eastman Kodak Company ("Kodak"), for
example, have established extensive recycling facilities wherein incoming spent LFFPs are sorted
by manufacturer and type. Spent Fuji LFFPs are further processed by Fuji as discussed below.
Spent LFFPs of other manufacturers receival by Fuji are sold to the other manufacturers,
-145.59340~7
exchanged for spent Fuji shells, returned to the other manufacturers, or sent for recycling of the
materials of which they are made.
24.
Fuji has expended substantial time, money and effort in exploring the possibilities
of reuse and recycling of its LFFPs but has found that LFFPs cannot be reused as is, largely
because of the rough use the products are put to by consumers, and because of the difficulty in
designing the mechanical unit of an LFFP to be both inexpensive and simple to manufacture (in
order to enable sale at a reasonable price) and reusable. In fact, Fuji LFFPs, and, on information
and belief, the LFFPs of other companies, are not only intended for one-time use, as indicated on
their respective packages, but are also designed for one-time use. Accordingly, Fuji has
developed and implemented in Japan an extensive automated plant for disassembling LFFPs into
their component parts, cleaning and testing parts found capable of reuse - - namely, flash units,
lenses and mechanical units, and a few front covers - - identifying for repair repairable flash
units and recycling the remaining and unreusable plastic and metal parts. Fuji has found that,
even after the extensive cleaning of the parts after separation from the casing, only about 75% of
the flash units are reusable without repair, and about 90% of the cleaned lenses and only about
10% of the cleaned mechanical units are reusable. In the United States, Fuji, thus far, also
separates the components but only reuses a percentage of the flash units. The rest of the
components of the LFFPs are ground into particles and recycled.
25.
Since about 1992, Fuji has welded together the portions of the casing which
define the film compartment of most of its LFFPs, a step which has been found to improve the
shock resistance and integrity of the products. Even were the LFFP to be reliably reusable, which
it is not, the film compartment of such LFFPs cannot be simply reloaded, like an ordinary
-1 5559340~7
camera, because reloading requires breaking or at least deforming the casing portions defining
the light tight film compartment. This adversely affects the light tightness and structural integrity
of the LFFP and the functioning of its components if it is thereafter reassembled.
26.
Fuji has invested substantial time, money and effort over the years in research and
development activities in the field of LFFPs, and has obtained a substantial patent portfolio in the
United States and elsewhere, including the subject patents, in order to protect its investment and
the fmits of its research and development.
27.
The infringing LFFPs of certain Respondents are made by breaking open spent
LFFPs made by others, such as Fuji (or Kodak) and then remanufacturing the spent, broken apart
LFFPs into new product. For ease of reference herein, Fuji LFFPs which have been thus far
found to have been remanufactured by or for the Respondents will be designated Type 1 through
Type 5.
28.
The Fuji Type 1 LFFP may be configured with or without a flash unit.
Representative specimens of Fuji Type 1 LFFPs, with and without flash, are submitted with the
package of specimens filed herewith. Fuji Type 1 LFFPs (with and without flash) are produced
in the United States at the Greenwood, South Carolina plant.
29.
The Fuji Type 1 LFFPs are covered by the '087, '1 11, '168, '288, '364, '400, '495,
'649, '685, '774, '857, 'D101 (with flash) and ID750 (without flash) patents. Drawings of the Fuji
Type 1 LFFPs are attached as Exhibit 2d, and claim charts cross-referenced to reference
2
While the sketches of Fuji Type 1 only depict the LFFPs with flash units, to the extent
that it relates to the issues presented in this Complaint, the internal structure of the nonflash version is essentially the same as the flash version.
-16559340~7
designations on the drawings showing how Fuji Type 1 LFFPs (and therefore the Fuji Type 1
LFFPs remanufactured by Respondents) fall within the scope of the claims of the aforementioned
Fuji utility patents, are attached as Exhibits 28-35 and 37-39. The 'D101 and 'D750 design
patents respectively depict Fuji Type 1 LFFI's with and without flash. A comparison between a
figure of the ID750 and 'D101 design patents and the LFFPs of the Respondents remanufacturing
Fuji Type 1 LFFPs is depicted in Exhibits 40 and 41 respectively, which serve as claim charts for
the design patents.
30.
3 1.
'495, '649, '685, '774 and '857 patents. Drawings of the Fuji Type 2 LFFP are attached to this
Complaint as Exhibit 213. They show, together with the claim charts of Exhibits 28-39, how Fuji
Type 2 LFFPs (and therefore the Fuji Type 2 LFFPs remanufactured by Respondents) fall within
the scope of the claims of the aforementioned Fuji patents.
32.
33.
'495, '649, '685, '774 and '857 patents. Drawings of the Fuji Type 3 LFFP are attached to this
3
While the sketches of Fuji Type 2 only depict the LFFPs with flash units, to the extent
that it relates to the issues presented in this Complaint the internal structure of the nonflash version is essentially the same as the flash version.
-17559340~7
Complaint as Exhibit z4.
They, together with the claim charts of Exhibits 28-39, show how Fuji
Type 3 LFFPs (and therefore the Fuji Type 3 LFFPs remanufactured by Respondents) fall within
the scope of the claims of the aforementioned Fuji patents.
34.
Representative specimens of the Fuji Type 4 LFFPs, with and without flash, are submitted with
the package of specimens filed herewith. Fuji Type 4 LFFPs (with and without flash) are
produced in the United States at the Greenwood, South Carolina plant.
35.
'495, '649, '685, '774, '857 and 'D722 patents. Drawings of the Fuji Type 4 LFFP are attached to
this Complaint as Exhibit 235. They, togethcr with the claim charts of Exhibits 28-39, show how
Fuji Type 4 LFFPs (and therefore the Fuji Type 4 LFFPs remanufactured by Respondents) fall
within the scope of the claims of the aforementioned Fuji utility patents. The 'D722 design
patent depicts the Fuji Type 4 LFFP with flash. A comparison between a figure of the ID722
4
While the sketches of Type 3 only depict the LFFPs with flash units, to the extent that it
relates to the issues presented in this Complaint the internal structures of the non-flash
versions are essentially the sane as the flash versions.
With regard to the sketches of the mechanical units, the sketches are of Fuji Type 2
LFFPs. To the extent that it relates to the issues of infringement presented in this
Compliant, the mechanical units of Type 3 LFFPs are essentially the same as those of
Type 2 and therefore the sketches apply to Fuji Type 3 LFFPs.
5
While the sketches of Type 4 only depict the LFFPs with flash units, to the extent that
it relates to the issues presented in this Complaint, the internal structure of the non-flash
version is essentially the same as in the flash version.
With regard to the sketches of the mechanical units, the sketches are of Fuji Type 2
LFFPs. To the extent that it relates to the issues of infringement presented in this
Compliant, the mechanical units of Type 4 LFFPs are essentially the same as those of
Type 2 and therefore the sketches apply to Fuji Type 4 LFFPs.
-18-
design patent and the LFFPs of Respondents remanufacturing Fuji Type 4 LFFPs is depicted in
Exhibit 42, which serves as a claim chart for the design patent,
36.
The Fuji Type 5 LFFP, also referred to as the "old type" Fuji LFFP, may be
configured with or without a flash unit.
37.
The Fuji Type 5 LFFPs are amered by the '087, '400, '495, '649, '774 and '857
patents. Drawings of the Fuji Type 5 LFFP are attached to this Complaint as Exhibit 246. They,
together with the claim charts of Exhibits 28-33 (and therefore the Fuji Type 5 LFFPs
remanufactured by Respondents), show how Fuji Type 5 LFFPs fall within the scope of the
claims of the aforementioned Fuji patents.
38.
Fuji believes that the subject LFFPs are assigned Harmonized Tariff Schedule of
the United States (HTSUS) Item Nos. 9006.53.0010 and 9006.53.0020.
IV. THE INFRINGING ACTIVITIES
39,
Infringement of the subject patents takes several forms, each of which has had and
continues to have a significantly damaging effect on Fuji and on the domestic LFFP market at
large.
40.
One category of infringement is the overseas manufacture (including the molding
and assembly of new casings (shells) and other parts), for importation and subsequent sale in the
United States, of LFFPs that directly infringc one or more of the subject patents by incorporating
features and or designs encompassed by one or more claims of one or more of the subject patents.
Examples of such infringements include the products manufactured by Respondents Achiever
6
While the sketches of Type 5 only depict the LFFPs with flash units, to the extent that it
relates to the issues presented in this Complaint, the internal structure of the non-flash
version is essentially the same as in flie flash version.
-19-
559340~7
Industries Limited ("Achiever") and Konica Corporation ("Konica") and for Respondent
Dytnatec International Inc. ("Dynatec").
41.
On information and belief, Respondent Achiever manufactures its LFFPs in
China, and imports into or sells for importation into, the United States, LFFPs resold by at least
Respondents PSI Industries Inc. and Vivitar Corp. As can be seen in Exhibits 44,65 and 71,
these products are sold with a country of origin outside of the United States (China). The
Achiever LFFPs imported into and sold in the United States (referred to herein as Type 6) are
depicted in drawings annexed as Exhibit 25 and infringe claims of the '087, '168, '364, '400, '495,
'649, '774 and '857 patents, as more particularly shown in the claim charts annexed hereto as
Exhibits 28-34 and 39. Included in the package of specimens filed herewith are representative
samples of LFFPs manufactured by Achiever.
42.
On information and belief, Respondent Konica Corporation ("Konica")
manufactures its LFFPs in Japan and Thailand and imports into, or sells its LFFPs for
importation into, the United States. As can be seen in Exhibit 58, these products are sold with a
country of origin (Japan and Thailand) outside of the United States. The Konica LFFPs imported
into and sold in the United States (referred to herein as LFFP Types 8 or 8A) are depicted in
drawings annexed as Exhibit 27 and infringe claims of at least the '087, '495, '649, '774 and '857
patents, as more particularly shown in the claim charts annexed hereto as Exhibits 28-32 (The
references in the claim charts to "Type 8" are intended to cover both Konica Type 8 and Type 8A
LFFPs). Included in the package of specimens filed herewith are representative LFFPs
manufactured by Konica.
-20-
43.
Respondent Dynatec International Inc. ("Dynatec") sells LFFPs in the United
States marked "Made in China" which incorporates newly manufactured casings (shells), the
internal mechanism of which is essentially identical to a Fuji Type 5 LFFP as depicted in the
drawings of Exhibit 24. The manufacturer of Dynatec's newly manufactured LFFPs is not now
known. Infringement of the '087, '400, '495, '649, '774 and '859 patents by the Dynatec newly
manufactured LFFPs is shown by the drawings of Exhibit 24 and the claim charts of Exhibits 2833. Fuji does not have sufficient samples of the Dynatec newly manufactured LFFPs to provide a
specimen with this Complaint.
44.
A second category of infringement, and the type most common and most
damaging to Fuji, results from the purchase of spent Fuji LFFP casings or shells (after the film
has been removed), from photofinishers by infringers outside the United States. The infringers
then remanufacture the spent casings or shells into new LFFPs outside the United States (at least
in China and Korea) for importation into and sale in the United States by at least removing the
outer cardboard or paper covers, breaking open the casing, resetting or replacing the frame
counter, inserting a roll of unexposed film in the shell, re-sealing the broken-open shell, usually
by means of tape and/or glue and/or gummed labels, and attaching a new outer cardboard box or
paper cover in an attempt to recreate a light-tight condition. In some cases, the remanufacturers
of Fuji Type 4 LFFPs glue a small cover over the region of the front casing surrounding the
taking lens to cover Fuji's trademark, while in others the remanufacturers extend the cardboard
cover to cover the Fuji trademark. The new outer cardboard box is printed with new branding or
promotional information, and the new LFFP is generally then sealed in a plastic bag.
Additionally, most of the remanufactured Fuji LFFPs include different batteries, and some
-21559340~7
include additional or replaced internal parts such as the film advance wheel, film roll spool or
frame counter, while all of the Respondents except Achiever, Konica, Vivitar Corp. and P.S.I.
Industries, Inc. either manufacture and sell for importation into the United States, import into the
United States and/or sell in the United Stat% one or more of Fuji Type 1, Type 2, Type 3, Type 4
or Type 5 LFFPs (as more particularly described in paragraphs 28-37 above) remanufactured
outside the United States. In addition, entitics not now known, or if known, violation by them of
Section 337 is not now provable, on information and belief, engage in similar infringing
manufacture, sale and/or importation of remanufactured Fuji LFFPs. Remanufactured Fuji Type
1, Type 2, Type 3, Type 4 and Type 5 LFFPs each infringe those of the subject patents identified
in paragraphs 29,31,33,35 and 37 above as covering the corresponding Type of Fuji LFFP
because their internal structure and exterior nppearance after remanufacture are essentially
unchanged insofar as it relates to the patent claims, despite the changes which result in reduced
quality and changed performance characteristics. (See Exhibits 20-24 and 28-42). Because
exterior appearance features remain unchanged, one viewing a picture of a physical sample of a
remanufactured Fuji LLFP can determine its Type and, therefore, whether it infringes. Included
in the package of SPECIMENS filed herewith are representative samples of remanufactured Fuji
LFFPs. Fuji does not have sufficient samples of most of the Respondents' remanufactured LFFPs
to provide a specimen with this Complaint.
45.
Unfortunately, since maintaining remanufacturing costs at an absolute minimum
is the primary objective of infringers such as the Respondents remanufacturing Fuji LFFPs, the
quality and characteristics of the remanufactwed LFFPs are different (significantly lower) from
those of Fuji's original products, confirming that a new and different, yet infringing product is
-22559340~7
produced. This is not surprising, given Fuji's inability to reuse all flash units, lenses and
mechanical units, even after extensive cleaning outside the cases, because they fail to meet Fuji's
exacting quality standards. Further, not only are LFFPs subjected to rough use by consumers, the
spent LFFP cases are subjected to extremely rough handling by the photo finisher in breaking
open the casing, and during bulk storage and shipment to the remanufacturer, resulting in damage
to the flash unit and mechanical unit and scratching and other damage to the LFFP lenses and
flash diffusers. Further, the breaking open of the casings and resealing using tape results in
diminished light-tightness and structural integrity, and rough surfaces which can and do scratch
the film. This treatment also results in such remanufactured LFFPs being subject to damage
under the conditions experienced in use, which new Fuji LFFPs can withstand. Additionally, the
adhesives used to re-seal the broken-open casing, and inks used to print the outer carton can give
off vapors which can be harmful to the re-loaded film, causing fogging and other defects,
resulting in poorer photos taken with the remanufactured LFFP. The quality of film used in
remanufactured LFFPs is generally inferior to that used by Fuji. Not only do remanufactured
Fuji LFFPs take inferior pictures, they can miss shots or otherwise deliver fewer exposures than
promised to the consumer.
46.
Because the remanufacture of spent Fuji cases yields a product of inferior quality,
a negative pall is being cast over the "one time use camera'' market as a whole and Fuji's products
in particular. As the remanufactured Fuji LFFPs bear a striking resemblance to legitimate Fuji
LFFPs, end users do not anticipate the likelihood of the inferior quality of the remanufactured
device. End users are left believing that all "one time use cameras'' produce poor quality
-23559340~7
photographs, or that Fuji LFFPs do so, when in fact a new Fuji LFFP produces photographs that
are of very high quality, often rivaling that of expensive conventional cameras.
47.
The third category of infringers comprises those which remanufacture "one time
use cameras" from non-Fuji LFFPs outside ihe United States for sale in the United States. Thus
far, Fuji has found LFFPs made by remanufitcturing spent LFFPs originally made by Kodak and
Konica.
48.
At least Respondents Dynatec, Jazz Photo Inc. and Labelle Time, Inc. import
reloaded Kodak LFFPs which, for the purpose of this Complaint, are designated LFFP Type 7.
Drawings depicting the structure of such reloaded Kodak Type 7 LFFPs are annexed as Exhibit
26. Claim charts attached as Exhibits 28-33 and 39 are keyed to such drawings and demonstrate
the infringement of such reloaded Kodak Type 7 LFFPs. Newer style remanufactured Kodak
LFFPs as recently found sold by Jazz Photo Corp., while having an exterior appearance different
from that of Exhibit 26, has an interior construction insofar as it relates to the claims of the
above-identified Fuji patents which is essentially the same as that of the older style Kodak LFFPs
depicted in Exhibit 26. At least Respondents Dynatec, Jazz Photo Inc. and Labelle Time, Inc.
infringe at least the '087, '168, '400, '495, '649, '774 and '857 patents by reason of their
importation, sale, offer for sale and use of such remanufactured Kodak Type 7 LFFPs produced
outside the United States and imported into the United States. Further, just as in the case of Fuji
reloaded LFFPs, on information and belief, the reloaded Kodak Type 7 LFFPs are also of inferior
quality and constitute a different, yet infringing, product than that originally sold by Kodak. The
accompanying package of specimens filed herewith include samples of Jazz Photo Corp.
reloaded new style Kodak Type 7 LFFPs.
-24559340~7
49.
At least Respondent Vantage Sales Inc. and Linfa Photographic Ind. Co. Ltd. are
importing and selling in the United States in fringing remanufactured LFFPs originally
manufactured in Japan by Konica and remanufactured outside the United States. Annexed as
Exhibit 27 are drawings of the remanufactured Konica LFFPs, designated as Type 8A. The claim
charts attached as Exhibits 28-32 are keyed to the drawings and demonstrate the infringement by
the remanufactured Konica Type 8A LFFPs (The references in the claim charts to "Type 8" are
intended to cover both Konica Type 8 and Type 8A LFFPs). At least Vantage Sales Inc. and
Linfa Photographic Ind. Co. Ltd. have infringed the '087, '495, '649, '774 and '857 patents by their
importation, sale, offer for sale and use of remanufactured Konica Type 8A LFFPs produced
outside the United States and imported into !he United States. While such remanufactured
Konica Type 8A LFFPs have not been tested, nonetheless there is no reason to believe that they
are of any higher quality than the remanufactured LFFPs originally manufactured by Fuji or
Kodak.
V. PROPOSED RESPONDENTS
50.
On information and belief, at least the following proposed Respondents are
engaged in unlawful activities under Section 337 relating to the importation and sale of LFFPs
which infringe the patent rights of Fuji as discussed more fully below. As more particularly
described below, each of said Respondents manufactures or remanufactures for importation into
the United States, imports into the United States, or sells in the United States imported LFFPs
which have been manufactured or remanufactured outside of the United States. The products
manufactured, sold or imported by each Respondent are identified below and the structures
thereof are more particularly described in Section IV above and in annexed Exhibits 20-42.
-25559340~7
Annexed as Exhibit 43 is a chart summarizing the "Type" of LFFP @e., Types 1-8A)
manufactured, remanufactured, imported or sold by each Respondent and the claims of each
patent infringed by each Respondent by reason of such manufacture, remanufacture, importation
or sale.
A.
5 1.
On information and belief, Achiever is a Hong Kong corporation with its principal
place of business at 12/F, Union Hing Yip Factory Building, 20 Hing Yip Street, Kwun tong,
Kowloon, Hong Kong.
52.
On information and belief, Achiever manufacturers for importation into and sale
in the United States LFFPs at least under the trade name "Vivitar Brites" and "The Message
Camera," referred to as Achiever Type 6 LFFPs, as more particularly described in paragraph 41
above, and under the trademarks or trade names of its customers. A brochure and product
photocopies showing the LFFP products of Achiever are shown in Exhibit 44. Based on an
examination of the Achiever Type 6 LFFPs, Achiever infringes one or more claims of the '087,
'168, '364, '400, '495, '649, '774, and '857 patents, as demonstrated by the drawings of Exhibit 25
and the claim charts of Exhibits 28-34 and 39.
53.
The Vivitar LFFPs are marked "Made in China with Film from Italy" and were
purchased in the United States. The Message Cameras are marked "Assembled in China'' and
were purchased in the United States.
-26559340~7
B.
54.
On information and belief, Ad-Tek Specialties Inc. ("Ad-Tek") is a California
corporation with its principal place of business at 2641 Townsgate Road, #300, Westlake
Village, CA 91361.
55.
On information and belief, Ad-Tek imports into and sells in the United States
remanufactured LFFPs at least under the trade names "Ad-Tek Single Use", "Visa Promotion,"
and "Vivitar" as well as products imprinted with the trademarks and trade names of its
customers. A brochure and photocopies showing the LFFP products of Ad Tek are shown in
Exhibit 45. Based on an examination of a sample Vivitar LFFP referred to herein as an Achiever
Type 6 LFFP and described in paragraph 4 1 above, and on an examination of an Ad-Tek
brochure which clearly depicts a remanufactured Fuji Type 1 LFFP, as described in paragraphs
28 and 29 above, Ad-Tek infringes one or more claims of the '087, '1 11, '168, '200, '288, '364,
'400, '495, '649, '685, '774, '857, ID101 and V750 patents, as demonstrated in the drawings of
Exhibits 20 and 25 and the claim charts of Exhibits 28-35 and 37-41. The Ad-Tek LFFPs other
than the Vivitar-brand products exhibit the distinctive kotched top" view finder, flat top taking
lens cowl and "C" shape flash button of a remanufactured Fuji Type 1 LFFP. The Vivitar-brand
products are depicted identically to the Vivitar-brand products made by Achiever discussed in
paragraphs 52 and 134.
56.
The Ad-Tek brochure was obtained in the United States. Vivitar LFFPs are
marked "Camera Made in China" and were purchased in the United States.
-2 7559340~7
C.
Argus Industries
57.
On information and belief, Argus Industries ("Argus") is an Illinois corporation
with its principal place of business at 2 121 Oxford Road, Des Plaines, IL.
58.
On information and belief, Argus imports into and sells in the United States
remanufactured LFFPs at least under the trade name "Just Once.'' A brochure showing the
distinctive flash button and taking lens cowl of a Fuji Type 2 LFFP and photocopies of the actual
Argus product is shown in Exhibit 46. Based on an examination of a remanufactured Fuji Type 2
LFFP, as described in paragraphs 30 and 3 1 above, sold by Argus, Argus infringes one or more
claims of the '087, '495, '649, '774, and '857 patents, as demonstrated by the drawings of Exhibit
21 and the claim charts of Exhibits 28-39.
59.
The Argus LFFP of the photocopy was marked "Made in China'' and was
purchased in the United States. The Argus brochure was obtained in the United States.
D.
Boecks Camera LLC
60.
On information and belief, BDecks Camera LLC ("Boecks") is a corporation with
its principal place of business at 912 N.LaCienega Boulevard, Los Angeles, California 90069.
61.
On information and belief Boecks imports into and sells in the United States
remanufactured LFFPs at least under the trade name "Boecks.'' A brochure showing a picture of
an LFFP having the distinctive flip-up flash button, taking lens cowl and thin shape of a Fuji
Type 4 LFFP and photocopies showing an LFFP product sold by Boecks and depicted in the
brochure are shown in Exhibit 47. Based on an examination of a sample Boecks LFFP which is a
remanufactured Fuji Type 4 LFFP as described in paragraphs 34-35 above, Boecks infringes one
or more claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857 and ID722
-28559340~7
patents, as demonstrated by the drawings of Exhibit 23 and the claim charts of Exhibits 28-39
and 42.
62.
The Boecks LFFPs are marked "Made in China" or "Some Components Made in
China'' and were purchased in the United StRtes.
E.
63.
On information and belief, Bushi Technology Ltd. ("Boshi") is a corporation with
its principal place of business at Room 921 Star House, 3 Salisbury Road, Tsim Ha Tsui
Kowloon, Hong Kong.
64.
On information and belief, Bushi sells and offers for sale for importation into and
sale in and imports into and sells in the United States remanufactured LFFPs and/or newly
manufactured LFFPs at least under the tradeanark "Boshicolor-Take One" and "Boshi Single
Use." A brochure and photocopies showing the LFFP products of Boshi are shown in Exhibit 48.
The BC L35 TAKE-1 depicted in the brochure has the distinctive flash button and taking lens
cowl of a Fuji Type 2 LFFP. Based on an examination of a sample Boshi LFFP which is a
remanufactured Fuji Type 2 LFFP as described in paragraphs 30 and 3 1 above, Boshi infringes
one or more claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, and '857
patents, as demonstrated in the drawings of Exhibit 21 and the claim charts of Exhibits 28-39.
65.
The Boshi LFFPs shown in the photocopies are marked "Distributed by Boshi &
Co., Ltd. Tokyo, Japan" and "Made in China" and were purchased in the United States.
F.
BPS Marketing
66.
On information and belief, BPS Marketing ("BPS") is a corporation with its
principal place of business at 18642-142nd Avenue, Woodinville, WA 98017.
-29559340~7
67.
On information and belief, BPS imports into and sells in the United States
remanufactured LFFPs andor newly manufactured LFFPs at least under the trade name "Boshi
Single Use." A brochure and photocopies showing the LFFP products of BPS are shown in
Exhibit 49. Based on an examination of a Boshi Single Use LFFP, which is a remanufactured
Fuji Type 5 LFFP as described in paragraphs 36 and 37, BPS infringes one or more claims of the
'087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, and '857 patents, as demonstrated by
the drawings of Exhibit 24 and the claim charts of Exhibits 28-33.
68.
The Boshi LFFP is marked "Distributed by Boshi & Co., Ltd Tokyo, Japan" and
was purchased in the United States from BPS.
G.
69.
On information and belief, China Film Equipment Corp. ("China Film") is a
corporation with its principal place of business at 20 Xin De Street, Beijing, P.R. China Zip.C:
100088.
70.
On information and belief, China Film sells for importation into and sale in the
United States remanufactured LFFPs at least under the designations "FORCE", "FA 00," "TCP02," "FN/100," "DS-1," "DF-1," "DF-2" and "F900". A one-page brochure of China Film
marked with the name and U.S. address of Respondent Innovative Trading Co. and photocopies
showing a "Force"-branded Fuji Type 4 LFFP of China Film are shown in Exhibit 50. In the
brochure, China Film is offering for sale or selling at least remanufactured Fuji Types 2 , 3 , 4 and
5 LFFPs and offers for sale, "recycled Fuji, Kodak and Konica bodies" as well as ''new camera
bodies made by ourselves." The types of remanufactured Fuji LFFPs (Types 2-5) depicted in the
brochure are readily determinable from the distinctive product designs, including the shape and
-30559340~7
placement of the shutter button, viewfinder, flash button and taking lens cowl, which are
identical to those of the original Fuji product from which they are made. Based on a review of
Exhibit 50, it is clear that China Film is selling for resale in the United States remanufactured
Fuji Types 2 , 3 , 4 and 5 LFFPs as described in paragraphs 30-37 above, so that China Film
infringes one or more claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774,
'857, 'D101, 'D722, and ID750 patents, as demonstrated by the drawings of Exhibits 21-24 and
the claim charts of Exhibits 28-39 and 42.
71.
The China FildInnovative Trading Co. brochure was obtained in the United
States. A "Force"-branded remanufactured Fuji Type 4 LFFP, exactly as shown in Exhibit 50,
but without any country of origin markings or identification of manufacturer was returned to
Fuji's recycling facility in the United States.
H.
72.
On information and belief, Dynatec International, Inc. ("Dynatec") is a corporation
with its principal place ofbusiness at 3820 West Great Lakes Drive, Salt Lake City, Utah 84120.
On information and belief, Dynatec imports into and sells in the United States LFFPs at least
under the trademark "Fun Pak". Dynatec is offering for sale or selling newly manufactured
products which contain internal mechanisms essentially identical to those shown in Fuji Type 5
LFFPs (and an external body shape similar to that of Fuji Type 4 LFFPs) and remanufactured
Kodak LFFPs (Type 7) described herein at paragraphs 36,37 and 48. A product list and
photocopies showing the LFFP products of Dynatec are shown in Exhibit 5 1. Based on a review
of a Dynatec LFFP as described in paragraph 43 above, and a Dynatec remanufactured Kodak
Type 7 LFFP as described in paragraph 48, Dynatec infringes one or more claims of the '087,
-31559340~7
'400, '495, '649, '774 and '857 patents, as demonstrated by the drawings of Exhibits 24 and 26 and
the claim charts of Exhibits 28-33.
73.
The Dynatec LFFPs shown in the photocopy are marked "Made in China" and
were purchased in the United States.
I
Fast Shot
74.
On information and belief, Fast Shot is a corporation with its principal place of
business at 7250 Harwill Drive, Suite 0, Houston, TX 77036.
75.
On information and belief, Fast Shot imports into and sells in the United States
remanufactured LFFPs at least under the trade names "Fast Shot Outdoor'' and "Fast Shot." A
brochure and photocopies showing the LFFP products of Fast Shot is shown in Exhibit 52. The
types of LFFPs sold by Fast Shot (remanufactured Fuji Types 1 , 2 , 4 and 5) are evident from the
distinctive product designs, including the shape and placement of the shutter button, viewfinder,
flash button and taking lens cowl, which are identical to those of the original Fuji product from
which they are made. Based on a review of Fast Shot products which are Fuji Types 1 , 4 and 5
LFFPs as described in paragraphs 28,29 and 34-37 above and a review of Fast Shot's brochure
which also shows Fuji Type 2 LFFPs as described in paragraphs 30-3 1 above, Fast Shot infringes
one or more claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857,
'D101, 'D722, and 'D750 patents, as demonstrated by the drawings of Exhibits 20,21,23 and 24
and the claim charts of Exhibits 28-42.
76.
The Fast Shot LFFPs are marked "Made in China'' and were purchased in the
United States.
-32559340~7
J.
Forcecam, Inc.
77.
On information and belief, Forcecam, Inc. ("Forcecam") is a corporation with its
principal place of business at 280 South Everly Drive, Suite 201 ,Beverly Hills, California
90212.
78.
On information and belief, Forcecam imports into and sells in the United States
remanufactured LFFPs at least under the designation BH-01, BH-110, BH-111, BH-F02,
W/Flash. A printout obtained from Forcecarn's web site at WWW.FORCECAM.COM showing
the LFFP products sold by Forcecam, Inc. together with photocopies of a Levi's-branded LFFP
believed to be sold by Forcecam is shown in Exhibit 53. The picture in the Forcecam web site of
a Levi's branded LFFP has the distinctive shape, flip up flash button and lens cowl of a Fuji Type
4 LFFP.
79.
Forcecam admits in its web site that it is a division of "B.G. Finance". Fuji
received a "Levi's''-branded LFFP at its recycling facility identical to the one pictured on the first
page of Forcecam's web site. The legend on the Levi's-branded LFFP reads "Imported by B.G.
Trading U.S.A. Inc.". Although Fuji had searched for B.G. Trading after US. Customs officials
advised of their importation activities (see letter in Exhibit 53), no reference to such entities
could be found. Nonetheless, based on the documents in Exhibit 53, Fuji believes that Forcecam,
B.G. Trading and B.G. Finance are all related entities. Based on a consideration of the
admissions in Forcecam's website and on the Levi's-branded LFFP, Forcecam is selling at least
Fuji Type 4 LFFPs as described in paragraphs 34 and 35 above which infringe one or more
claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857 and 'D722 patents,
as demonstrated by the drawings of Exhibit 23 and the claim charts of Exhibits 28-39 and 42.
-33559340~7
80.
Forcecam admits that it imports from China into the United States the products
pictured on the first page of their web site, which are remanufactured Fuji Type 4 LFFPs
described as produced in China. Additionally, as noted, the Levi's-branded LFFP found in the
United States bears the notation "Imported by".
K.
8 1.
On information and belief, Haichi International Inc. ("Haichi") is a corporation
with its principal place of sales at 444 Park Avenue South, 7thFloor, New York, New York
10016.
82.
On information and belief, Haichi imports into and sells in the United States
remanufactured LFFPs at least under the designation "Fast Shot Outdoor" obtained from Fast
Shot of Houston, Texas as named above. Photocopies showing the LFFP products by Haichi are
shown in Exhibit 55. Based on an examination of the sample Fast Shot LFFP, which was
purchased in the United States, which was a Fuji Type 5 LFFP as described in paragraphs 36 and
37, the product drawings of Exhibit 24 and the claim charts of Exhibits 28-33, Haichi infringes
one or more claims of the '087, '400, '495, '649, '774 and '857 patents.
83.
The Fast Shot LFFPs are marked "Made in China" and were purchased in the
United States from Haichi.
L.
84.
On information and belief, Innovative Trading Co. ("Innovative") is a corporation
with its principal place of business at 380 South Mentor Avenue, Suite 11, Pasadena, CA 91 106.
85.
An advertisement showing the LFFP products of Innovative is shown in Exhibit
54. On information and belief, Innovative imports into and sells in the United States
-34-
remanufactured LFFPs at least under the designations FORCE, F/100, TC-PO2, FN/100, DS-1,
DF-1, DF-2 and F900 obtained from China Film. This is based on a stamp with Innovative's
United States address appearing on a China Film brochure (See paragraphs 69-71), available in
the United States. Based on an examination of the products shown on the China Film brochure
(Exhibit 54), and as described at length in paragraphs 69-71 above with regard to China Film,
and in paragraphs 30-37 above, Innovative sclls remanufactured Fuji Types 2-5 LFFPs and
'857, 'D101, 'D722 and ID750 patents, as demonstrated by the drawings of Exhibits 21-24 and the
claim charts of Exhibits 28-39 and 42.
86.
The China FildInnovative byochure was obtained in the United States, as was the
"FORCE"-branded LFFP referred to above in connection with China Film.
M.
Jazz Photo Corp.
87.
On information and belief, JaLz Photo Corp. ("Jazz'') is a corporation with its
principal place of business at 600 Blair Road , Carteret, NJ 07008.
88.
A brochure and photocopies showing the LFFP products of Jazz is shown in
Exhibit 56. On information and belief, Jazz imports into and sells in the United States
remanufactured LFFPs at least under the trade names "Jazz DZ35" and "Jazz DZ50" and under
the trade names and trademarks of its customers. Based on an examination of the Jazz LFFPs,
which included at least the Fuji Types 2 and 4 LFFPs and Kodak Type 7 LFFP described at
paragraphs 30,3 1, 34,35 and 48 above, Jazz infringes one or more claims of the '087, '1 11, '168,
'288, '364, '400, '495, '649, '685, '774, '857, and ID722 patents, as demonstrated by the drawings
of Exhibits 21,23 and 26 and the claim charts of Exhibits 28-39 and 42. Jazz also sells a
-35559340~7
remanufactured newer model Kodak LFFP which is different in external appearance from the
Kodak Type 7 LFFP, but nonetheless infringes the same claims of the same patents as the Kodak
Type 7 LFFP by virtue of a similar internal construction.
89.
The Jazz LFFPs are marked "Camera assembled in China" and were purchased in
the United States.
N.
Klikit
90.
On information and belief, Klikit is a corporation with its principal place of
business at PO Box 300492, Brooklyn, NY 11230.
91.
Photocopies showing the LFFP products of Klikit is shown in Exhibit 57. On
information and belief, Klikit imports into and sells in the United States at least the Fuji Type 4
LFFP and Achiever Type 6 LFFP, described herein at paragraphs 34,35 and 41 above, at least
under the trade name "Klikit." Based on an examination of the Klikit products, Klikit infringes
one or more claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857 and
ID722 patents, as demonstrated by the drawings of Exhibits 23 and 25 and the claim charts of
Exhibits 28-34 and 42.
92.
The Klikit LFFPs are marked "Camera contains recycled parts made in Japan.
Camera made in China" and were purchased in the United States.
-36559340~7
0.
Konica Corporation
93.
On information and belief, Konica Corporation ('Konica'') is a Japanese
Corporation with its principal place of business at No. 1 Sakura-machi Hino-shi, Tokyo, 191,
Japan.
94.
On information and belief, Konica manufactures in Japan and Thailand for
importation into and sale in the United States, LFFPs (designated Types 8 and 8A) at least under
the trade names "Konica" and "Polaroid" and under the trademarks or trade names of its other
customers. Photocopies of the Konica Type 8 LFFP are shown in Exhibit 58. Based on an
examination of the Konica Types 8 and 8A LFFPs as described at paragraphs 42, Konica
infringes one or more claims of the '087, '495, '649, '774, and '857 patents, as demonstrated by
the product drawings of Exhibit 27 and the claim charts of Exhibits 28-32.
95.
The Konica LFFP of Exhibit 58 is marked "Film Made in Japan. Camera made in
Thailand" and was purchased in the United States.
P.
Labelle Time, Inc.
96.
On information and belief, Labelle Time, Inc. ("Labelle") is a Florida corporation
with its principal place of business at 65 N.Q. 166th Street, North Miami, FL .
97.
On information and belief, Labelle imports into and sells in the United States
remanufactured LFFPs at least under the trade names "Sakar", "Biltec" and "Hurricane Line." A
Labelle brochure and photocopies showing a Sakar-branded LFFP of the type sold by Labelle
which is a Fuji Type 4 LFFP are shown in Exhibit 59. Labelle is offering for sale or selling at
least remanufactured Fuji Types 3 and 4 LFFPs and remanufactured Kodak Type 7 LFFPs as
described at paragraphs 32-35 and 48. Based on an examination of a Sakar-branded LFFP and
-37559340~7
the Labelle brochure, which shows pictures of a Fuji Type 3 LFFP bearing the Richcam brand,
having the distinctive half moon cowl for thc taking lens of a Fuji Type 3 LFFP and a Kodak
Type 7 LFFP bearing the Holiday Inn brand, having the characteristic placement of the flash
button and taking lens cowl and legend "Kodak lens", Labelle infringes one or more claims of
the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857 and 'D722 patents, as
demonstrated by the product drawings of Exhibits 22,23 and 26 and the claim charts of Exhibits
28-39 and 42.
98.
The Sakar LFFPs are marked "made in China" and were purchased in the United
States from Labelle.
Q.
99.
On information and belief, Linfa Photographic Ind. Co. Ltd. ("Linfa") is a
corporation with its principal place of business at Room 1018-1020, 1O/Fl, Tower B, New
Mandarin Plaza, 14 Science Museum Road, 'T.S.T. East Kowloon, Hong Kong.
100.
On information and belief, Linfa sells and offers for sale for importation into and
sale in the United States remanufactured LFFPs at least under the trade name "Miyako" and the
designations M-2, R-2P, P-2, F-2 and K-2, among others. A brochure and photocopies showing
the LFFP products of Linfa are shown in Exhibit 60. Based on an examination of the brochure
showing the distinctive appearance characteristics of the Fuji Type 1 (M-2), Type 2 (R-2P), Type
3 (P-2) and Type 4 (F-2) LFFPs and Konica Type 8 (K-2) LFFPs, an examination of the sample
Linfa Miyako (M-2) remanufactured Fuji Type 1 LFFP, Linfa is offering for sale or selling at
least remanufactured Fuji LFFPs Types 1,2, 3 and 4 and Konica Type 8A LFFPs as described at
paragraphs 28-35 and 42 above. Accordingly, Linfa infringes one or more claims of the '087,
-38559340~7
'1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857, ID722 and ID750 patents, as
demonstrated by the drawings of Exhibits 20-23 and 27 and the claim charts of Exhibits 28-42.
101,
The Miyako LFFPs shown in the photocopies of Exhibit 60 are marked "Made in
China" and were purchased in the United States from Linfa.
R.
Opticam Inc.
102.
On information and belief, Opticam Inc. ("Opticam") is a California corporation
with its principal place of business at 810 Navy Street, Santa Monica, CA 904055639,
103.
On information and belief, Opticam imports into and sells in the United States
remanufactured LFFPs at least under the trade name Opticam. A photocopy showing the LFFP
products of Opticam is shown in Exhibit 61. Based on an examination of the product shown in
Exhibit 61, Opticam is offering for sale or selling at least remanufactured Fuji Type 2 LFFPs as
described at paragraphs 30 and 31 above and infringes one or more claims of the '087, '1 11, '168,
'200, '288, '364, '400, '495, '649, '685, '774 and '857 patents, as demonstrated by the product
drawings of Exhibits 21 and the claim charts of Exhibit 28-39.
104.
The Opticam LFFP is marked "Camera Made in Japan Assembled in China"
and was purchased in the United States.
S.
Opticolor Camera
105.
On information and belief, Opticolor Camera is a Washington corporation with its
principal place of business at 3213 West Wheeler Street, Seattle, WA 98199.
106.
On information and belief, Opticolor Camera imports into and sells in the United
States remanufactured LFFPs at least under the trade names "Opiticolor Camera," "Wedding
Camera," "Hooters" and a camera with an image of a white shirt and red bowtie as well as
-39559340~7
imprinted with the trademark and trade namcs of its customers. A brochure and product
photocopies showing the LFFP products of Opticolor is shown in Exhibit 62. Based on an
examination of the products depicted in Exhibit 62 and the distinctive appearance of Fuji Type 2
LFFPs, Opticolor Camera is offering for sale and selling at least remanufactured Fuji Type 2
LFFPs as described at paragraphs 30 and 3 1 above, and Opticolor Camera infringes one or more
claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774 and '857 patents, as
demonstrated by the product drawings of Exhibit 21 and the claim charts of Exhibits 28-39.
107.
The Opticolor LFFP is marked "Camera made in Japan" and was purchased in the
United States.
T.
Penmax, Inc.
108.
On information and belief, Penmax, Inc. ("Penmax") is a California corporation
with its principal place of business at 302 Wcst Evergreen Avenue, Monrovia, California 9 10164503.
109.
On information and belief, Penmax imports into and sells in the United States
remanufactured LFFPs at least under the trade names "Presidents Award," "Pictionary" and "Top
Shooter," as well as imprinted with the trademark and trade names of its customers such as
Kingswood Day Camp and Cincinnati Bell Telephone. A brochure and photocopies showing the
LFFP products of Penmax, Inc. is shown in Exhibit 58.
110.
Based on the Penmax products examined, Penmax is offering for sale or selling at
least Fuji Types 1 and 4 LFFPs as described at paragraphs 28,29, 34 and 35, and infringes one or
more claims of the '087, '1 11, '168, '200, '283, '364, '400, '495, '649, '685, '774, '857, 'D101 and
-40559340~7
ID722 patents, as demonstrated by the drawings of exhibits 20 and 23 and the claim charts of
Exhibits 28-42.
111.
The Penmax LFFPs are marked "Assembled in China" and were purchased in the
United States.
U.
112.
On information and belief, PhilmEx Photographic Film ("PhilmEx") is a
California corporation having its principal place of business at 912 N.La Cienega Boulevard, Los
Angeles, California 90069.
113.
On infomiation and belief, PhilmEx imports into and sells in the United States
remanufactured LFFPs at least under the trade name PhilmEx Flashy 800 Single Use Camera as
well as imprinted with the trademark and trade names of its customers such as Aeroflot and Hotel
Sofitel. A brochure and product photocopies showing the LFFP products by PhilniEx is shown
in Exhibit 64.
114.
Based on an examination of the product shown in Exhibit 64 and the descriptions
and depictions of the brochure, PhilmEx is offering for sale or selling at least remanufactured
Fuji LFFP Type 4 (and possibly Kodak) LFE'Ps described at paragraphs 34 and 35 above, and
'857 and ID722 patents, as demonstrated by the drawings of Exhibit 23 and the claim charts of
exhibits 28-39 and 42.
115.
The PhilmEx LFFPs are marked "Assembled in China" and were purchased in the
United States.
-41559340~7
V.
116.
On information and belief, P.S.I. Industries, Inc. ("P.S.I.") is a corporation with its
principal place of business at 1160-B South Rogers Circle, Boca Raton, FL 33487.
117.
On information and belief, P.S.I. imports into and sells in the United States LFFPs
at least under the trade names "The Message Camera," "The Happy Birthday Message Camera,"
"The Baby's First Birthday Message Camera," "The It's A Boy! Message Camera," "The It's A
Girl! Message Camera," "The Party! Message Camera," "The Vacation Message Camera," "The
Bible Message Camera," "The Wedding Message Camera," "The Anniversary Message Camera,"
"The Season's Greeting Message Camera," and "The Halloween Message Camera," as well as
imprinted with the trademarks and trade names of its customers. A brochure and photocopies
showing the LFFP products of P.S.I. is shown in Exhibit 65. Based on an examination of the
product of Exhibit 65, P.S.I. is offering for sale or selling at least Type 6 LFFPs made by
Achiever as described at paragraph 41 and inhnges one or more claims of the '087, '168, '364,
'400, '495, '649, '774, and '857 patents, as demonstrated by the drawings of Exhibits 25 and the
claim charts of Exhibit 28-34.
118.
The P.S.I. LFFPs are marked "Assembled in China" and were purchased in the
United States.
W.
119.
On information and belief, Rainbow Photo Camera & Video ("Rainbow") is a
corporation with its principal place of business at 1150 Hermosa Ave, Hermosa Beach, CA
90254-3719.
-42559340~7
120.
On information and belief, Rainbow imports into and sells in the United States
remanufactured LFFPs at least under the trade name "The Color Machine." Photocopies showing
the LFFP product of Rainbow are shown in Exhibit 66. Based on an examination of the product
of Exhibit 66, Rainbow is offering for sale or selling at least remanufactured Fuji Type 2 LFFPs
as described at paragraphs 30 and 3 1 above, and infringes one or more claims of the '087, '1 11,
'168, '200, '288, '364, '400, '495, '649, '685, '774 and '857 patents, as demonstrated by the
drawings of Exhibit 21 and the claim charts of Exhibits 28-39.
121.
The Rainbow LFFP is marked "Made in China" and was purchased in the United
X.
122.
On information and belief, %no Trading Co., Ltd. ("Rino") is a corporation with
States.
its principal place of business at B101,448-1 Sungnae-1 Dong, Kong Pong-Ku, Seoul, Korea.
123.
Photocopies showing the LFFP products of Rino are enclosed as Exhibit 63.
Based on an examination of these products, Rino remanufactures for importation into and sale in
the United States at least Fuji Type 4 LFFPs as described at paragraphs 34 and 35 above, and
'857 and ID722 patents, as demonstrated by the drawings of Exhibit 23, and the claim charts of
Exhibits 28-39 and 42.
124.
The Rino LFFPs are marked "Made in Japan. Assembled in Korea" or "Made in
Korea'' and were purchased in the United States.
-43559340~7
Y.
125.
On information and belief, SRkar International, Inc. ("Sakar") is a New York
corporation with its principal place of business at 195 Carter Dr., Edison, NJ 08817-2068.
126.
On information and belief, Sakar imports into and sells in the United States
remanufactured LFFPs at least under the trademark "Sakar." A brochure and photocopies
showing the LFFP products of Sakar is shown in Exhibit 68. Based on an examination of the
product shown in the photocopies, Sakar is offering for sale or selling at least remanufactured
Fuji Type 4 LFFPs as described at paragraphs 34 and 35 above, and infringes one or more claims
of the '087, '1 11, '168, '200, '288, '364, '400. '495, '649, '685, '774, '857 and 'D722 patents, as
demonstrated by the product drawings of Exhibit 23 and the claim charts of Exhibits 28-39 and
42.
127.
The Sakar LFFPs are marked "Made in China" and were purchased in the United
Z.
128.
On information and belief, T.D.A. Trading Corp. ("T.D.A.") is a corporation with
States.
its principal place of business at 3 1-16 Hunters Point Avenue, Long Island City, NY 11101.
129.
On information and belief, T.D.A. imports into and sells in the United States
remanufactured disposable cameras at least under the trade name Sun Lite. A price list and
photocopies showing the LFFP products of 'T.D.A. is shown in Exhibit 69. Based on an
examination of the Sun Lite LFFP, T.D.A. is offering for sale or selling at least remanufactured
Fuji Type 5 LFFPs as described at paragraphs 36 and 37 above and infringes one or more claims
-44559340~7
of the '087, '400, '495, '649, '774 and '857 patents, as demonstrated by the product drawings of
Exhibit 24 and the claim charts of Exhibits 28-33.
130.
The Sun Lite LFFP is marked-"Made in China" and was purchased in the United
AA.
Vantage Sales, Inc.
131.
On information and belief, Vantage Sales, Inc. (Vantage") is an Illinois
States.
corporation with its principal place of business at 600 E. Higgins Road, Elk Grove Village,
Illinois 60007-15 19.
132.
On information and belief, Vantage imports into and sells in the United States
remanufactured LFFPs at least under the trade names "Vantage Wedding Flash Camera,'' "Sharp
Shot Outdoor Camera," "Sharp Shot Flash Mini Camera," Sharp Shot Flash Panorama," "Sharp
Shot Slim Flash Camera'' and "Sharp Shot Super Mini Camera." A brochure and product
photocopies showing the LFFP products of Vantage are shown in Exhibit 70. Based on an
examination of the depiction of LFFPs in the Vantage brochure, which have the characteristics of
Fuji and Konica LFFPs and the actual products shown in the photocopies, Vantage is offering for
sale or selling at least remanufactured Fuji Types 1 , 2 and 4 LFFPs and remanufactured Konica
Type SA LFFPs as described at paragraphs 28-31,34,35,42 and 49 above and infringes one or
more claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857, 'D101,
'D750 and 'D722 patents, as demonstrated by the product drawings of Exhibits 20,21,23 and 27
and the claim charts of Exhibits 28-42.
133.
The Vantage LFFPs are marked "Made in China", "Made in Japan. Assembled in
China" or "Made in Japan" and were purchased in the United States.
-45559340~7
AB.
Vivitar Corp.
134.
On information and belief, Vivitar Corp. (t'Vivitar") is a corporation with its
principal place of business at 1280 Rancho Conejo Blvd., Newbury Park, CA 91320-1403. On
information and belief, Vivitar. imports into and sells in the United States LFFPs at least under
the trademark "Vivitar." A brochure and product photocopies showing the LFFP products of
Vivitar is shown in Exhibit 71. Based on an examination of Vivitar LFFPs, Vivitar is offering
for sale or selling at least Achiever Type 6 LFFPs made by Achiever as described at paragraph 41
above and infringes one or more claims of the '087, '168, '364, '400, '495, '649, '774 and '857
patents, as demonstrated by the product drawings of Exhibit 25 and the claim charts of Exhibits
28-34 and 39.
135.
The Vivitar LFFPs are marked "Made in China with film from Italy" and were
purchased in the United States.
VI.
--
136.
OTHER ENTITIES
On information and belief, the following entities who are not named as
Respondents, are believed to be engaged in the manufacture for importation, importation and/or
sale in the United States of infringing LFFPs, but at this point Fuji does not have proof of
importation.
A.
Advance Tech International Ltd.
137.
On information and belief, Advance Tech International Ltd. ("Advance") is a
corporation with its principal place of busincss at 801 Houston Centre, 63 Mody Road, Kowloon,
Hong Kong.
-46559340~7
138.
An advertisement showing the LFFP products of Advance is shown in Exhibit 72.
On information and belief, Advance sells for importation into and sale in the United States
remanufactured LFFPs under the trade names "Flashback," "Slim Flashback,'' "Slim 11," "Slim
111," "Cambox," Slimcam,'' and "Flashmax."
139.
Based on the brochure, Advance is offering for sale or selling at least
remanufactured Fuji Types 1,2,3, and 4 LFFP as described at paragraphs 28-35 above. Advance
'685, 'D101, 'D722, and 'D750 patents, as darnonstrated by the product drawings of Exhibits 2023 and the claim charts of Exhibits 28-42.
B.
Asahi Supply Corporation
140.
On information and belief, Asahi Supply Corporation ("Asahi") is a corporation
with its principal place of business at 202, Da-dong, Sora Apt. # 1008, Bangbae-dong, Seochoku, Seoul, Korea.
141.
Photocopies showing the Fuji Type 2 LFFP of Asahi are shown in Exhibit 73. On
information and belief, Asahi sells and offers for sale for importation into and sale in the United
States remanufactured LFFPs at least under the trademarks "Accent" and "America."
142.
On information and belief, Asahi and its related companies are offering for sale or
selling at least remanufactured Fuji Types 1,2 and 3 LFFP as described at paragraphs 28-33
above. On information and belief, Asahi and its related companies infringe one or more claims
of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857, 'D101 and 'D750 patents
as demonstrated by the product drawings of Exhibits 20-22 and the claim charts of Exhibits 2841.
-47559340~7
C.
Atico International
143.
On information and bclief, Atico International ("Atico") is a corporation with its
principal place of business at P.O. Box 14368, 501 South Andrews Avenue, Ft. Lauderdale,
Florida 33302.
144.
On information and belief, Atico remanufacturers for importation into and sale in
the United States, LFFPs of various types including at least some of the LFFPs described above.
145.
On information and belief, Atico infringes one or more claims of the patents
described above. To date, Fuji has been unable to procure a brochure or sample of products sold
by Atico.
D.
Citiwell Ind. Ltd.
146.
On information and belief, Citiwell Ind. Ltd. ("Citiwell") is a corporation with its
principal place of business at 19F, Unit 8, Apec Plaza, 49 Hoi Yuen Rd, Kwun Tong Kowloon,
Hong Kong.
147.
An advertisement showing thc LFFP products of Citiwell Ind. Ltd. is shown in
Exhibit 74. On information and belief, Citiwell sells and offers for sale for importation into and
sale in the United States remanufactured LFFPs at least under the trade names "Klacid Color,"
"Comech" and "Nioxin", as well as imprinted with the trademark and trade names of its
customers.
148.
Citiwell is offering for sale or selling at least the remanufactured Fuji Types 1 and
2 LFFPs as described at paragraphs 28-3 1above. On information and belief, Citiwell infringes
one or more claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857,
-48559340~7
ID101 and ID750 patents, as demonstrated by the product drawings of Exhibits 20 and 21 and the
claim charts of Exhibits 28-41.
E.
Civica Industries
149.
On information and belief, Cjvica Industries Co. Ltd. (Tivica") is a corporation
with its principal place of business at 139 Moo 4 Latkrabang Ind. Estates, Latkrabang Bangkok
10520 Thailand.
150.
On information and belief, Civica has advertised in a camera trade show brochure
in the United States as selling LFFPs and manufactures LFFPs for importation into and sale in
the United States.
151.
On information and belief, Cjvica LFFPs would infringe one or more claims of
the subject patents. Fuji does not currently have a brochure or sample showing the LFFP
products made by Civica and sold in the United States.
F.
Far Sharp Industrial Corp.
152.
On information and belief, Far Sharp Industrial Corp. ("Far Sharp") is a
corporation with its principal place of business at 1OF-6, No. 8 1, Section 1, Hsin Tai Wu Road,
Hsin-chaih Cheng, Taipei, Taiwan.
153.
On information and belief, Far Sharp remanufactures for importation into and sale
in the United States, LFFPs of various types including at least some of the LFFPs described
above.
154.
On information and belief, Far Sharp infringes one or more claims of the subject
patents. To date, Fuji has have been unable to procure a brochure or sample of LFFP products
sold by Far Sharp.
-49559340~7
G.
Jasko Marketing Inc.
155.
On information and belief, Jasko Marketing Inc. ("Jasko") is a corporation with its
principal place of business at 29 West 34th Street, New York, NY 10001.
156.
On information and belief, Jasko imports into and sells in the United States
remanufactured LFFPs at least, under the designations FLV-400- 12 and F- 100-12. On
information and belief, Jasko infringes one or more claims of the subject patents.
157.
A price quote for the LFFP products of Jasko is shown in Exhibit 75 and indicates
an F.O.B. point as the "Closest Port City". At this time, the specific type of LFFP Jasko is
offering for sale or selling is unknown.
H.
Jewon Trading Co.
158.
On information and belief, Jewon Trading Co. ("Jewon") is a corporation with its
principal place of business at B 1, 160-4 Bangyi-dong, Songpa-ku, Seoul, Korea.
159.
A brochure showing the LFFP products of Jewon Trading Co. is shown in Exhibit
76. On information and belief, Jewon sells and offers for sale for importation into and sale in the
United States remanufactured LFFPs at least under the trade names "Best- 1,""Miracle,"
"Marriage!
!,'I 'I
160.
Ready Cam" and "Magic."
On information and belief, Jewon Trading Co. is offering for sale or selling at
least remanufactured Fuji Types 1,2 and 3 LFFPs as described at paragraphs 28-33 above. On
information and belief, Jewon infringes one or more claims of the '087, '1 11, '168, '200, '288,
'364, '400, '495, '649, '685, '774, '857, ID101 and ID750 patents, as demonstrated by the product
drawings of Exhibits 20-22 and the claim charts of Exhibits 28-41.
-50559340~7
I.
Luckchance Development L>td.
161.
On information and belief, Luckchance Development Ltd. ("Luckchance") is a
corporation with its principal place of business at Flat C, 14/F, Seabright Plaza, 9-23 Shell Street,
North Point, Hong Kong.
162.
An advertisement showing the LFFP products of Luckchance is shown in Exhibit
77. On information and belief, Luckchance sells and offers for sale for importation into and sale
in the United States remanufactured LFFPs iinder at least the trade name "Luckshotll, as well as
imprinted with the trademark and trade n a m s of its customers.
163.
On information and belief, Luckchance is offering for sale or selling at least
remanufactured Fuji Types 1,2, 3 LFFPs and 5 described at paragraphs 28-33,36 and 37 above.
On information and belief, Luckchance infrbiges one or more claims of the '087, '1 11, '168, '200,
'288, '364, '400, '495, '649, '685, '774, '857, 'Dl01 and 'D750, patents, as demonstrated by the
product drawings of Exhibits 20-22 and 24 and claim charts of Exhibits 28-41.
J.
Miracle Company
164.
On information and belief, Miracle Company is a corporation with its principal
place of business at 41, Machon-dong, Kangdong-ku, Seoul, Korea.
165.
A brochure showing the LFFI' products of Miracle Company is shown in Exhibit
78. On information and belief, Miracle Corripany sells and offers for sale for importation into
and sale in the United States remanufactured LFFPs at least under the trade names "Best-1,"
"Miracle," "Marriage!!,I'
166.
I'
Ready Cam" and "Magic."
On information and belief, Miracle Company is offering for sale or selling at least
remanufactured Fuji Types 1 , 2 and 3 LFFPs as described at paragraphs 28-33 above. On
-51559340~7
information and belief, Miracle Company infringes one or more claims of the '087, '1 11, '168,
'200, '288, '364, '400, '495, '649, '685, '774, '857, 'D101 and 'D750 patents, as demonstrated by the
product drawings of Exhibits 20-22 and the claim charts of Exhibits 28-41.
K.
Newko Trading Corporation
167.
On information and belief, Ncwko Trading Corporation ("Newko'') is a
corporation with its principal place of business at 2E-30, #159, Samsung-dong, Kamnam-ku,
Seoul, Korea.
168.
A photocopy showing the LFFP products of Newko is shown in Exhibit 79. On
information and belief, Newko and its related companies sell and offer for sale for importation
into and sale in the United States remanufactured LFFPs at least under the trade name "Miracle''
& "Q-Time."
169.
On information and belief, Ncwko and its related companies are offering for sale
or selling at least remanufactured Fuji Types 1,2 and 3 LFFPs described at paragraphs 28-33
above. On information and belief, Newko infringes one or more claims of the '087, '1 11, '168,
'200, '288, '364, '400, '495, '649, '685, '774, '857, 'D101 and 'D750 patents, as demonstrated by the
product drawings of Exhibits 20-22 and the claim charts of Exhibits 28-41.
L.
One World Production Co. Ltd.
170.
On information and belief, One World Production Co. Ltd. (''One World") is a
corporation with its principal place of business at 2F #159, Samsung-dong, Kangnam-ku, Seoul,
Korea.
171.
A brochure showing the LFFP products of One World is shown in Exhibit 80. On
information and belief, One World sells and offers for sale for importation into and sale in the
-52559340~7
United States remanufactured LFFPs at least under the trade name "Miracle." On information and
belief, One World is offering for sale or selling at least remanufactured Fuji Types 1, 2 and 3
LFFPs as described at paragraphs 28-33 above. On information and belief, One World infringes
one or inore claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857,
'DlOl and 'D750 patents. as demonstrated by the product drawings of Exhibits 20-22 and the
claim charts of Exhibits 28-41.
M.
Picnic Co., Ltd.
172.
On information and belief, Picnic Co., Ltd. is a corporation with its principal
place of business at lF, 10-20, Youngdong, Nonhyun-dong, Kangnam-ku, Seoul, Korea.
173.
A brochure showing the LFFP products of Picnic Co., Ltd. is shown in Exhibit 61.
On information and belief, Picnic sells and offers for sale for importation into and sells in the
United States remanufactured LFFPs at leas1 under the trade names ''Picnic" and "Buter."
174.
Picnic is offering for sale or selling at least remanufactured Fuji Types 1 and 2
LFFPs as described at paragraphs 28-3 1 above. On information and belief, Picnic infringes one
or more claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857, 'D101
and 'D750 patents as demonstrated by the product drawings of Exhibits 20 and 21 and the claim
charts of Exhibits 28-41.
N.
Promax Industrial (HK) Ltd.
175.
On information and belief, Promax Industrial (HK) Ltd. ("Promax") is a
corporation with its principal place of business at Unit B3 1, 5thFloor, Block B, Cambridge Plaza,
188 San Wan Road, Sheung Shue, N.T., Hong Kong.
-53559340~7
176.
On information and belief, Promax remanufacturers for importation into and sale
in the United States, LFFPs of various types including at least some of the LFFPs described
above.
177.
On information and belief, Promax infringes one or more claims of the subject
patents. To date, Fuji has been unable to procure a brochure or sample of LFFP products sold by
Promax.
0.
Vast Fame Investment Ltd.
178.
On information and belief, Vast Fame Investment Ltd. ("Vast Fame") is a
corporation with its principal place of business at 20B, Max Share Centre, 367 King's Road,
North Point, Hong Kong.
179.
An advertisement showing the LFFP products of Vast Fame is shown in Exhibit
82. On information and belief, Vast Fame sells and offers for sale for importation into and sale
in the United States remanufactured LFFPs under the trade names "Richcam" and "Lidacolour",
as well as imprinted with the trademarks and trade names of its customers.
180.
On information and belief, Vast Fame is offering for sale or selling at least
remanufactured Fuji Types 1,2, 3 and 5 LFFPs described at paragraphs 28-33, 36 and 37 above.
On information and belief, Vast Fame infringes one or more claims of the '087, '1 11, '168, '200,
'288, '364, '400, '495, '649, '685, '774, '857, 'Dl01 and ID750 patents as demonstrated by the
product drawings of Exhibits 20-22 and 24 and the claim charts of Exhibits 28-41.
P.
Yee Enterprises
181.
On information and belief, Yee Enterprises ("Yee'') is a corporation with its
principal place of business at Flat Cy13/F, 25 Tai Park Tin Street, Kawai Chung, N.T. Hong
-54559340~7
Kong. A brochure showing the LFFP products by Yee is shown in Exhibit 83. On information
and belief, Yee sells and offers for sale for importation into and sale in the United States
remanufactured LFFPs at least under the trade names "Yee Cam" and "Sun Flash'' as well as
imprinted with the trademarks and trade names of its customers.
182.
Yee is offering for sale or selling at least the Fuji Types 1,2, 3 and 5 LFFPs as
described at paragraphs 28-33,36 and 37 above. On information and belief, Yee infhnges one or
more claims of the '087, '1 11, '168, '200, '288, '364, '400, '495, '649, '685, '774, '857, 'D101, and
'D750, patents, as demonstrated by the product drawings of Exhibits 20-22 and 24 and the claim
charts of Exhibits 28-41.
~
J
I
183.
THE PATENTS IN ISSUE
For each of the following subject patents, Fuji has filed with the Complaint a
certified copy and three photocopies of the LJnited States Patent and Trademark Office
("USPTO") file wrapper together with four copies of each patent and appropriate pages from
each technical reference mentioned in the file wrapper.
A.
The '495 Patent (U.S. Patent No. 4,833,495)
184.
Fuji is the owner by assignment of the '495 patent entitled Lens-Fitted
Photographic Film Package. A certified copy of the '495 patent is enclosed with Enclosure A. A
certified copy of the Assignment of the '495 patent by the named inventors to Fuji, as duly filed
with the USPTO, is enclosed with Enclosure B and a copy of the first page, claims and
assignment is attached to this Complaint as Exhibit 2.
185.
The '495 patent was issued on May 23, 1989, based upon U.S. Application Serial
No. 111,416, filed October 20, 1987. The '495 patent claims the priority of four Japanese
-55559340~7
applications filed between October 20, 1986 and February 18, 1987. The ‘495 patent has 11
claims. Claims 1,4, 5 , 6 , 7, 8 , 9 and 11 are independent claims. At least 1, 5, 6 , 9 and 11 are
believed to be infringed by various of the Respondents as set out in Sections 111-V above, in the
claim charts of Exhibit 28 and the drawings of infringing LFFP models of Exhibits 20 through
27.
186.
Claim 1 recites a lens-fitted photographic film package having means for effecting
exposure of the film, generally a shutter, and a lens for taking pictures. The film package
comprises a light-tight film case which must be destroyed to open the film case. Film is formed
into a roll and is light-tightly contained within the light-tight film case. A film container or
cartridge is also located in the light-tight case for receiving exposed film. The light-tight film
case has a film roll receiving chamber to store the unexposed roll of film in a light-tight fashion.
The film roll receiving chamber has projections formed on an inner surface thereof in an upper
and lower orientation for supporting the outermost convolution of the rolled film at its upper and
lower sides. The projection can be spaced outside the portion of the film which will be exposed,
to promote smooth unwinding of the film from the roll without scratching the portion which will
be exposed.
187.
an exposure, generally a shutter, and a lens for taking pictures. The film package comprises a
light-tight film case which must be destroyd to open the case. Film is formed in a roll and
contained in the case within a film roll chamber of the light-tight case. A film container is
received in the light-tight film case. The film, after exposure, is advanced frame by frame and
wound in a roll within the film container. Also included are means to exert a frictional force on
-56559340~7
the film while the film is being advanced to promote smooth unwinding without loosening of the
film in the film passage, which could cause buckling.
188.
a film exposure, generally a shutter, and a lais for taking pictures. The film package comprises a
light-tight film case which must be destroyed to open the case. Film is formed into a roll and
contained in a film roll chamber of the light-tight case. A film container is disposed in a film
container chamber of the light-tight case. The film container has a film slot through which the
film, after exposure, is wound into a roll within said film container. A film passage is formed
between the film roll and the film container chambers. Provided in the light-tight case are means
for forcing the film to be curved into an S-curve as the film passes between the film passage and
the slot of the film container while the film is being advanced. This promotes smooth intentional
unwinding and prevents unintentional unwinding of the film roll.
189.
Claim 9 of the ‘495 patent recites a lens-fitted photographic film package having
means for effecting a film exposure, a shutter, and a lens for taking pictures. The film package
comprises a light-tight film case and film which is formed in a roll and contained in a film roll
chamber of the light-tight film case. A film container is received in the light-tight film case. The
film, after exposure, is advanced frame by frame and wound in a roll within the film container.
Also included in the film package are means to exert a frictional force on the film while the film
is being advanced. The means for exerting 3 frictional force comprise a friction-applying
member formed so as to deflect the film from the path along which the film would otherwise
pass had it not been deflected by the friction-applying member. The friction-applying member is
a projection that directly contacts the film container within which, as previously mentioned, the
-57559340~7
film is wound in a roll. This promotes smooth unwinding and prevents unintentional unwinding
of the film roll.
190.
Claim 11 recites a lens-fitted photographic film package having means for
effecting a film exposure, generally a shutter, and a lens for taking pictures. The film package
comprises a light-tight film case and film which is formed in a roll and contained in a film roll
chamber of the light-tight case. A film container is disposed in a film container chamber of the
light-tight case. The container has a film slot through which film, after exposure, is wound in a
roll within the film container. Also, a film passage is formed between the film roll chamber and
the film container chamber. Means are included for forcing the film to be curved in an S-curve
between the film passage and the slot of the film container while the film is being advanced. The
forcing means comprises a projection which abuts against the film container to incline the film
slot of the film container. This promotes smooth unwinding and prevents unintentional
unwinding of the film roll.
191.
Fuji has filed 10 foreign patent applications corresponding to the '495 patent. The
status of the foreign applications is reflected below. No other corresponding foreign patent
applications have been filed.
COUNTRY
Japan
Japan
Japan
Japan
Great Britain
Great Britain
Great Britain
APPLNJPAT. NOJDATE
Appln. No. 6 1-160206 filed
10/20/86; U2,062,6 11
Appln. No. 62-19740 filed
2/13/87; ;U2,124,112
2/14/87
-Appln. No. 62-34910 filed
2118/87; U2,O 17,819
2,197,726
2,227,101
2,228,095
-58-
559340~7
STATUS
Patented
Patented
Abandoned
Patented
Patented
Patented
Patented
1
[ COUNTRY
Ge?
Hon Kon
Hon Kon
1
1
I APPLNJPAT. NOJDATE I STATUS --1 P3,735,488.4
283/1995
28411995
Pending
Patented
Patented
B.
The '774 Patent (US.Patent No. 4,855,774)
192.
certified copy of the Assignment by the named inventors to Fuji, as duly filed with the USPTO,
is enclosed with Enclosure B. A copy of the first page, claims and assignment is attached as
Exhibit 3.
193.
The '774 patent was issued on August 8, 1989 based upon U S . Application Serial
No. 127,486, filed December 1, 1987. The patent claims the priority of Japanese applications
filed on December 1, 1986 and February 10, 1987. The '774 patent has 17 claims. Claims 1, 8,
14 and 15 are independent claims. At least claims 14 and 15 are believed to be infringed by
various of the Respondents as set out in Sections 111-V above, in the claim charts of Exhibit 29
and the drawings of infringing LFFP models of Exhibits 20 through 27.
194.
Claim 14 recites a lens-fitted photographic film package comprising a light-tight
film case with a lens for taking pictures fitted in the case and rolled film which can be oriented in
a rolled film chamber. The film package also comprises a film take-up chamber and a back wall
portion that closes the take-up chamber and the rolled film chamber. The rolled film chamber
has a rearwardly opening concave curved wall which is in contact with the outermost turn of the
rolled film within the chamber. The back wall portion has protuberances which define a
forwardly opening concave path for the film between the two chambers. The back wall portion
-59559340~7
1
has a forwardly opening concave curved portion that overlies the rolled film chamber and
contacts and supports the rear of the film emerging from the roll at a point on the film slightly
apart from the longitudinal edges of the film The forwardly opening concave curved portion, in
cooperation with the reanvardly opening concave wall of the rolled film chamber, contacts the
outermost turn of the rolled film and maintajns the rolled film in a substantially cylindrical roll.
195.
Holding the film in a concave shape behind the lens permits the use of a low cost
lens located close to the film to permit a compact shape. The use of protuberances rather than a
smooth concave surface reduces friction.
196.
film case with a lens for taking pictures fittal in the case and rolled film within a rolled film
chamber. The package also comprises a film take-up chamber and a back wall portion that closes
the two chambers. The rolled film chamber has a rearwardly opening concave curved wall
against which the outermost turn of the rolled film rests when the film is in the chamber. The
back wall portion also has a forwardly opening concave curved portion that overlies the rolled
film chamber and contacts and supports the rear of the film emerging from the roll at regions of
the film which are spaced apart from the edges of the film. This prevents scratching of the
exposed portion. The back wall portion's concave curved portion works in cooperation with the
reanvardly opening concave wall of the rollcd film chamber and contacts the outermost turn of
the rolled film so as to maintain the rolled film in a substantially cylindrically shaped roll. Fuji
has filed 11 foreign patent applications corresponding to the '774 patent. The status of the
foreign applications is reflected below. No other corresponding foreign patent applications have
been filed.
-GO559340~7
I COUNTRY
I Japan
--
I APPLNJPAT.
-NOJDATE
I STATUS
I Appln. No. 61-185230 filed I Patented
Great Britain
Great Britain
Germany
Germany
Germany
12/1/86; U2,146,772
2110187; U2,039,924
2,199,413
2,233,466
EP87111472.4
-P3,740,572.1
P3,740,082.4
Netherlands
28911995
EP87111472.4
Japan
Patented
-
7
----i
---1
-Patented -Patented
Pendin
Pendin
Pendin
--
--
~
-
C.
197.
Fuji is the owner, by assignment, of the '087 patent entitled Photographic Film
Package and Method of Making The Same. A certified copy of the '087 patent is enclosed with
Enclosure A. A certified copy of the Assignment by the named inventors to Fuji, as duly filed
with the USPTO, is enclosed with Enclosure B. A copy of the first page, claims and assignment
of the '087 patent is attached as Exhibit 4.
198.
The '087 patent was issued on November 28, 1989 based upon U.S. Application
Serial No. 87,388, filed August 20, 1987. The patent claims the priority of six Japanese
applications filed between August 20, 1986 and February 14, 1987. The '087 patent has 15
claims. Claims 1, 7, 8, 9, 13 and 15 are independent claims. At least claims 1, 7, 8 and 15 are
believed to be infringed by various of the Respondents as set out in Sections 111-V above, in the
27.
-61559340~7
I
199.
Claim 1 recites a lens-fitted photographic film package having an externally
operable member for effecting an exposure such as a shutter button. The film package comprises
a light-tight film casing which must be destroyed to open the casing. The casing has an opening
through which the exposure is made when the shutter button is pressed. A roll of unexposed film
is disposed on one side of the opening in the light-tight casing. A removable light-tight film
container (cartridge) having an film winding spool within the container is disposed on the
opposite side of the opening in the light-tight casing. One end of the rolled film is attached to the
cartridge spool. Means are also provided for winding the rolled film into the light-tight film
container around the film winding spool after each exposure. A winding control means that is
responsive to the operation of the shutter bdton is also provided for allowing the cartridge spool
to rotate. This enables the rolled film to be advanced into the cassette by only one frame after
every exposure. The winding control means includes a sprocket wheel that is driven by
movement of the rolled film, and a frame counter which is in turn driven by the sprocket wheel.
The frame counter is provided with indications designating a series of frame numbers. The
winding control means is disabled when the franie counter indicates that there remains no
unexposed film capable of being exposed, so that a user knows that the film has been used up.
200.
film casing which must be destroyed to open the case, the case having an opening through which
the photographic exposure is made. A light-tight container is also provided. The container,
which has a film winding spool disposed therein, is located to one side of the exposure opening
and within the light-tight film casing. A rotatable spool is disposed on the opposite side of the
opening, also in the light-tight film casing, one end of the spool being exposed outside of the
-62559340~7
light-tight film casing. A roll of unexposed film, one end of which is attached to the film
winding spool within the light-tight film container, is rolled around the rotatable spool.
201.
film casing which must be destroyed in order to open it. Rolled film is also contained in the
light-tight film package. The light-tight film package comprises a front casing section provided
with a lens opening, a viewfinder frame opening and openings for engaging other sections. A
middle casing section is also provided. The middle casing section has an open back and contains
the rolled film therein. The middle casing section also has engaging lugs which engage the
engaging openings of the front casing section and hold the lens behind the lens opening between
the front and middle casing sections. A rear casing section is also provided for light-tightly
closing the back of the middle casing section.
202.
film casing having an opening through whlch a photographic exposure is made. A light-tight
film container that has a film winding spool disposed therein is located on one side of the
exposure opening and within the light-tight film casing. A rotatable spool is disposed on the
opposite side of the exposure opening in the light-tight film casing. One end of the rotatable
spool is exposed outside of the light-tight fihn casing. This expedites forming a film roll by
winding film Erom the cartridge after the light tight case is sealed, so that a dark room is not
needed. The package also comprises a roll of unexposed film, one end of which is attached to
the film winding spool, with the exposed end in the light-tight film container.
-63559340~1
203.
COUNTRY
Japan
Japan
Japan
Japan
Japan
Japan
Japan
Japan
Great Britain
Great Britain
Great Britain
Great Britain
Great Britain
Great Britain
Germany
Germany
Hong Kong
France
France
France
APPLNJPAT. NOJDATE
Appln. No. 6 1- 126942 filed
8/20/86; PI ,875,901
10/17/86; P1,875,901
1O/ 17/86; P 1,875,901
1/ 19/87; U2,O 15,472
1/19/87; U 1,914,482
Appln. No, 62-32185 filed
2/14/87; P1,875,901
P7-56563, Div. Appln. From
P62-202876 (P1,875,901)
P7-56564, Div. Appln. From
P62-202876 (P1,875,901)
2,195,030
2,228,798
2,234,082
2,234,083
2,237,120
P3,727,8 13.4
G8717 158.9
28 1/1995
8,711,774
9,103,348
9,103,349
-645S9340v7
STATUS
Patented
I
Patented
Patented
Patented
--
Patented
~
Patented
-
Pending
Pending
Patented
Patented
Patented
Pending
Patented
Patented
Patented
Patented
Patented
Patented
Patented
Patented
Patented
Patented
-
D.
The '857 Patent W.S. Pateqt No. 4,954,857)
204.
Fuji is the owner by assignment of the '857 patent entitled Photographic Film
Enclosure A. A certified copy of the Assignment by the named inventors to Fuji, as duly filed
with the USPTO, is enclosed with Enclosure B. A copy of the front page, claims and assignment
is attached as Exhibit 5.
205.
The '857 patent was issued on September 4, 1990 based upon U.S. Application
Serial No. 409,420, filed September 19, 1980. The '857 patent is a division of the '087 patent,
based upon U.S. Application Serial No. 87,388, filed August 20, 1987. The '857 patent claims
the priority of six Japanese applications filed between August 20, 1986 and February 14, 1987.
The '857 patent has 30 claims. Claims 1, 19,22,25 and 28 are independent claims. At least
claims 1, 19 and 22 are believed to be infringed by various of the Respondents as set out in
Sections 111-V above, in the claim charts of Exhibit 3 1 and the drawings of infringing LFFP
models of Exhibits 20 through 27.
206.
Claim 1 recites a lens-fitted photographic film package having an externally
operating member such as a shutter button for effecting film exposure. The film package
comprises a light-tight casing having an opening through which the film exposure is made when
the externally operable member is operated. Unexposed film is disposed in a roll on one side of
the opening in an unexposed film roll receiving chamber in the light-tight case. The outermost
turn of the unexposed film roll is exposed to the side walls of the chamber. The innermost turn
of the unexposed film roll surrounds an empty space. A removable light-tight film container
having a film winding spool disposed within the container is also provided. The container is
-65559340~7
disposed on the opposite side of the opening within the light-tight case, and one end of the rolled
film is attached to the film winding spool that is within the container. Also provided are means
for winding the rolled film into the light-tight film container and around the film winding spool.
Means are also provided for defining a film passage in the light-tight casing. The light-tight
casing must be destroyed to expose the film passage.
207.
Claim 19 of the ‘857 patent recites a lens-fitted photographic film package having
an externally operable member for effecting exposure of the film. The film package comprises a
light-tight film casing having an opening through which the exposure can be made when the
externally operable member is operated. An unexposed roll of film is disposed on one side of the
opening of the light-tight casing. A removable light-tight film container (cartridge) which has a
film winding spool within it is disposed on the opposite side of the opening within the light-tight
case. One end of the rolled film is attached to the spool within the removable cartridge. Also
provided are means for winding the rolled film into the cartridge and around the cartridge spool.
Winding control means are provided which are responsive to the operation of the externally
operable member (shutter button). The control means allows the film winding spool to rotate in
such a manner as to permit the rolled film ta be advanced by only one frame after each exposure.
The winding control means includes a sprocket wheel that is driven by the movement of the
rolled film. A frame counter is also provided which is driven by the same sprocket wheel. The
frame counter is provided with indications dcsignating a series of frame numbers and also
comprises means for disabling the winding control means when the frame counter indicates that
there are no further film frames on the film roll that are capable of being exposed. The package
-66559340~7
also has defined therein a film passage in the light-tight casing, the light-tight casing having to be
destroyed to expose the film passage.
208.
Claim 22 of the '857 patent recites a lens-fitted photographic film package
comprising a light-tight film casing having an opening through which film exposures can be
made. Also provided is a light-tight film container having a film winding spool therein. The
container is disposed on one side of the opening in the light-tight film casing. A rotatable spool
is disposed on the opposite side of the opening in the light-tight film casing, one end of the spool
being exposed outside of the light-tight film casing. A roll of unexposed film, one end of which
is attached to the film winding spool in the light-tight film container, is also provided. The
unexposed film roll is rolled around the rotalable spool. Also, a film passage is defined in the
light-tight film casing, the light-tight film casing having to be destroyed to expose the film
passage.
209.
COUNTRY
Japan
Japan
Japan
Japan
Japan
Japan
Japan
APPLNJPAT. NOJDATE
Appln. No. 61- 126942 filed
8/20/86; PI ,875,901
10/17/86; P1,875,901
10/17/86; P1,875,901
1/19/87;U2,015,472
1/19/87; U 1,914,482
Appln. No. 62-32 185 filed
2/14/87; PI ,875,901
P7-56563, Div. Appl. From
-67559340~7
STATUS
Patented
I__
Patented
-
Patented
Patented
--
Patented
Patented
Pending
--
3
COUNTRY
APPLNJPAT. NO./DATE
P62-202876 (P1,875,901)
P7-56564, Div. Appl. from
P62-202876 (P1,875,901)
2,195,030
2,228,798
-2,234,082
2,234,083
2,234,084
2,237,120
P3,727,813.4
G87 17158.9
27611995
-27711995
27811995
-27911995
280,' 1995
28 111995
8,711,774
9,103,348
9,103,349
Japan
Great Britain
Great Britain
Great Britain
Great Britain
Great Britain
Great Britain
Germany
Germany
Hong Kong
Hong Kong
Hong Kong
Hong Kong
Hong Kong
Hong Kong
France
France
France
STATUS
Pending
_Patented _ Patented -_
Patented _ _ Patented
Patented
Patented
Pending - Patented
Patented
Patented
Patented
Patented _Patented
Patented
Patented
Patented
Patented
I___
E.
The '649 Patent W.S. Patent No. 4,972,649)
210.
Fuji is the owner by assignment of the '649 patent, entitled Photographic Film
Enclosure A. A Certified copy of the Assignment by the named inventors to Fuji, as duly filed
with the USPTO, is enclosed with Enclosure B. A copy of the front page, claims and assignment
21 1.
The '649 patent issued on November 27, 1990 based upon Application Serial No.
314,215, filed February 22, 1989. The '649 patent is a division of the '087 patent, which was, in
turn, based upon Serial No. 87,388, filed August 20, 1987. The '649 patent claims the priority of
six Japanese applications filed between August 20, 1986 and February 14, 1987. The '649 patent
has 14 claims. Claims 1,9 and 13 are independent claims. At least one of claims 1 and 9 are
-68559340~7
believed to be infringed by each of the Respondents as set out in Sections 111-V above, in the
27. Specifically, while Fuji does not show the precise methods used by each Respondant to load
and position the film, the simplest and most economical methods are those protected by claims 1
and 9, giving rise to Fuji's belief that all of the Respondant's products are produced using one of
the two methods.
212.
Claim 1 is directed to a method for assembling a lens-fitted photographic film
package which comprises a light-tight casing. The casing comprises a main body section having
an opening through which an exposure is made, and a back cover section. Rolled film is
disposed on one side of the exposure opening and a light-tight film container (cartridge) is
disposed on the opposite side of the exposurc opening, the container having a film winding spool
to which one end of the roll of film is attachcd. The method comprises the steps of winding film
withdrawn from the light-tight container into a roll in a darkroom. The rolled film, and the lighttight container from which the film was withdrawn, are loaded into separate receiving chambers
formed in one of the sections of the light-tight casing. A back cover section is then fixed to the
main body section to assemble light-tightly the lens-fitted photographic film package.
213.
Claim 9 recites a method for assembling a lens-fitted photographic film package
which comprises a light-tight casing having an exposure opening, a roll of unexposed film
disposed on one side of the exposure opening, and a light-tight film container (cartridge)
disposed on an opposite side of the exposure opening. The container has a film winding spool
attached to one end of the film. The method of assembling the film package comprises the steps
of placing the full film container, in a container-receiving chamber formed in the main body of
-69559340~7
the light-tight casing with a leader portion ofthe film withdrawn from the light-tight film
container attached to a spool placed in a film roll receiving chamber formed on another side of
the exposure opening in the main body section of the light-tight casing. A back cover section is
then affixed to the main body section to form and close the light-tight casing. One end of the
spool is left exposed outside of the light-tight casing and used to unwind the film into the film
roll chamber without the need of a dark room.
214.
Fuji has filed 23 counterpart applications to the '649 patent in foreign countries.
The status of the foreign applications is reflected below. No other corresponding foreign patent
COUNTRY
Japan
STATUS
Patented
APPLNJPAT. NOJDATE
8/20/86: P1,875,901
Japan
Japan
I
I
I
Japan
Japan
Japan
Great Britain
Great Britain
10/17/86; P1,875,901
1/19/87; P2,015,472
1/19/87; PI .914.482
2/14/87; PI ,875,901
P7-56563, Div. Appln. from
P62-202876 (P 1,875,901)
P7-56564, Div. Appln. from
P62-202876
- (PI ,875,901)
2,195,030
-~
2.228.798
2,234,082
-2,234,083
~2.234.084
2,237,120
P3.727.813.4
' G8717158.9
-70-
559340~7
Patented
1 Patented
-
__
Patented
Pending
Pending
-.
1
Patented
Patented
Patented
Patented
Patented
1 Patented
COUNTRY
Hong Kong
Hong Kong
Hong Kong
Hong Kong
Hong Kong
Hong Kong
France
France
France
APPLNJPAT. NO./DATE
27611995
I 27711995
27811995
27911995
28011995
28111995
8,711,774
9,103,348
9,103,349
--
STATUS
Patented
I Patented
Patented
Patented
Patented
Patented
Patented
Patented
Patented
--
F.
215.
Fuji is the owner by assignmcnt of the '400 patent entitled Lens-Fitted
certified copy of the Assignment from the named inventors to Fuji, as duly filed with the
USPTO, is enclosed with Enclosure B. A copy of the first page, claims and assignment is
attached as Exhibit 7.
216.
The '400 patent issued on November 5, 1991, based upon U.S. Application Serial
No. 454,972, filed December 22, 1989. The '400 patent is a division of the '130 patent, Serial
No. 111,156, filed October 19, 1987 and claims the priority of four Japanese applications filed
between October 17, 1986 and August 19, 1087. The '400 patent contains 17 claims. Claims 1,
6, 11, 14 and 16 are independent claims. At least claims 14 and 16 are believed to be infringed
by various of the Respondents as set out in Sections 111-V above, in the claim charts of Exhibit 33
and the drawings of infringing LFFP models of Exhibits 20 through 27.
2 17.
Claim 14 recites a lens-fitted photographic film package which comprises a light-
tight film case having a picture taking lens fitted thereto. The case also comprises a separate,
empty light-tight film cartridge having a rotatable spool within the cartridge. The film cartridge
is enclosed in the light-tight film case on one side of the lens. Unexposed film, one end of which
-71559340~7
is still retained by the spool in the film cartridge, is rolled and disposed on the other side of the
taking lens with the outermost turn of the rolled film in contact with the film case. The case also
comprises a main case section which has a film cartridge receiving chamber with an opening at
its bottom for removing the film cartridge, and a rolled film receiving chamber for receiving the
rolled film. A rear case section is securely fixed to the rear side of the main case and cannot be
disassembled therefrom. A third member seals the opening at the bottom of the film cartridge
receiving chamber, the third member is on one side of the lens and in alignment with the axis of
rotation of the cartridge spool. The third member can be opened to allow the film cartridge to be
removed. Further, the film package is devoid of any means for advancing the rolled film from
the cartridge into a rolled configuration on the other side of the lens. The third member is also
covered by an outer cover that also covers at least a portion of the light-tight film case. This
makes it convenient for the photo finisher to remove the exposed film in a light tight cartridge.
218.
film case with a photographic lens fitted thereto and a separate, empty light-tight film cartridge
having a spool. The film cartridge is enclosed in the light-tight film cartridge on one side of the
lens and unexposed film is formed into a roll which has one end retained on the spool in said film
cartridge. The rolled film is disposed’on the other side of the lens with the outermost turn of the
rolled film in contact with the film case. Thc light-tight film case also comprises a main case
section which has a film cartridge receiving chamber with an opening at its bottom for removing
the film cartridge and a rolled film receiving chamber for receiving the rolled film. A rear case
section is securely fixed to the rear side of the main case section and cannot be disassembled
therefrom. A third member seals the opening at the bottom of the film cartridge receiving
-72559340~7
chamber. The third member is disposed on one side of the lens, in alignment with the axis of
rotation of the cartridge, and can be opened to allow the film cartridge to be removed. Also
provided is a film passage between the film cartridge receiving chamber and the rolled film
receiving chamber. The film passage is fomied by respective parts of the main and rear case
sections. This film passage is not exposed unless and until the light-tight film case is destroyed.
The third member is covered by an outer cover which also covers at least a portion of the lighttight film case. This arrangement makes it convenient for a photo finisher to remove the exposed
film for processing.
219.
Fuji has filed 10 corresponding foreign applications based upon the '400 patent.
COUNTRY
Japan
I APPLNJPAT. NOJDATE
I STATUS
10117/86: P1.887.648
1/19/87; P2,517,930
1/19/87; U2,041,621
Patented
Patented
filed
Patented
Patented
Great Britain
German
2,227,330
P3,735,116.8
G8717167.8
-282/1995
Patented
Patented
G.
220.
Photographic Film Package With Flash Unit. A certified copy of the '364 patent is enclosed with
-73559340~7
I
Enclosure A. A certified copy of the Assignment from the named inventors to Fuji, as duly filed
with the USPTO is enclosed with Enclosure B. A copy of the front page, claims and assignment
221.
The '364 patent was issued August 10, 1993 based upon U.S. Application Serial
No. 868,502 filed April 15, 1992. The patent claims the priority of one Japanese application
filed April 15, 1991. The '364 patent contains 13 claims. Claims 1 and 11 are independent
claims. At least claims 1 and 13 are believed to be infringed by various of the Respondents as set
out in Sections 111-V above, in the claim charts of Exhibit 34 and the drawings of infringing
LFFP models of Exhibits 20-23 and 25.
222.
Claim 1 of the '364 patent recites a lens-fitted photographic film package which is
preloaded with film and has a shutter mechanism and a lens for taking pictures. The package
comprises a main body equipped with the shutter mechanism and the lens, and is also equipped
with a cassette chamber disposed on one horizontal side of the lens. The main body section also
has a film roll chamber disposed on the opposite side of the lens from the cassette chamber. The
film roll chamber holds a roll of film which is pulled out from the film cassette and wound in a
roll. The cassette chamber contains the film cassette. A flash unit, including a circuit board, is
mounted in front of the film roll chamber. A main capacitor for the flash unit and a discharge
tube (bulb) for emitting a flash of light is also included. The main capacitor is disposed above
the film roll chamber and extends in a horimntal direction over the film roll chamber. Also
provided is a battery for charging the main capacitor. The battery is disposed between the
cassette chamber and the film roll chamber and extends in a horizontal direction below the lens.
-74559340~7
A front cover section is attached to the front of the main body section and a rear cover section is
attached to the rear of the main body section. This arrangement provides a compact form.
223.
Claim 11 of the '364 patent recites a lens-fitted photographic film package which
is preloaded with film and has a shutter medianism and a lens for taking pictures. The film
package comprises a cassette chamber for containing a film cassette which is disposed on one
horizontal side of the taking lens. A film roll chamber, for containing a roll of film which is
pulled out from the film cassette and wound into a roll, is provided on the opposite side of the
taking lens from the cassette chamber. Also included is a flash unit including a main capacitor
and a discharge tube (bulb) for emitting a flash of light. The main capacitor is disposed above
the film roll chamber and extends in a horizontal direction over the film roll chamber. A battery
for charging the main capacitor is disposed between the cassette chamber and the film roll
chamber and extends horizontally below the taking lens. This arrangement provides a compact
form.
224.
Fuji has filed 1 foreign patent application corresponding to the '364 patent. The
status of the foreign application is reflected below. No other corresponding foreign patent
[ COUNTRY
I Japan
IA P P L N . / P A /
I Appln. No. 3-33937 filed
~I
14/15/91
--
__
~
I Pending
I
H.
225.
Fuji is the owner by assignment of the '1 11 patent entitled Lens-Fitted
Photographic Film Unit With A Means Preventing Unintended Actuation Of Push Buttons. A
-75559340~7
I
1
certified copy of the '1 11 patent is enclosed with Enclosure A. A certified copy of the
Assignment by the named inventors to Fuji, as duly filed with the USPTO, is enclosed with
Enclosure B. A copy of the front page, claims and assignment is attached as Exhibit 9.
226.
The '1 11 patent issued on November 1, 1994 based upon U.S. Application Serial
No. 858,171 filed October 8, 1992. The patcnt claims the priority of one Japanese application
filed October 8, 1992. The '1 11 patent has 11 claims. Claim 1 is the sole independent claim. At
least claim 1 is believed to be infringed by various of the Respondents as set out in Sections 111-V
above, in the claim chart of Exhibit 35 and die drawings of infringing LFFP models of Exhibits
20 through 24.
227.
Claim 1 of the '1 11 patent recites a lens-fitted photographic film unit containing
photographic film. The film unit is adapted to take photographs and comprises at least one
plastic push button formed integrally with a wall of the film unit. A portion of the push button is
separated from the film unit wall by a slit which surrounds most but not all of the push button.
The push button is connected to the film unit by an integral bridge. The push button is adapted to
be depressed inwardly from an initial position and to return outwardly to the initial position when
the push button is released. A barrier is formed on an outer surface of the wall to surround the
push button. The barrier surrounds the push button only partially. The barrier projects outward
relative to the actuating surface of the push button when the push button is in the initial position.
The barrier terminates in two ends which are disposed on opposite sides of the integral bridge
which connects the push button to the film unit. The barrier prevents inadvertent pressing of the
push button.
-76559340~7
228.
Fuji has filed 1 foreign patent application corresponding to the '1 11 patent. The
APPLNJPAT. NO./DATE
I.
229.
Photographic Film Unit. A certified copy of the '200 patent is enclosed with Enclosure A. A
certified copy of the Assignment by the named inventor to Fuji, as duly filed with the USPTO, is
enclosed with Enclosure B. A copy of the fiont page, claims and assignment is attached as
Exhibit 10.
230.
The '200 patent issued on January 10, 1995 based upon U.S. Application Serial
No. 62,185 filed May 17, 1993. The patent claims the priority of two Japanese applications filed
May 18, 1992 and March 3, 1993. The '200 patent has 25 claims. Claims 1, 15, 23 and 25 are
independent claims. At least claims 1, 15,Z 3 and 25 are believed to be infringed by various of
the Respondents as set out in Sections 111-V above, in the claim charts of Exhibit 36 and the
drawings of infringing LFFP models of Exhibits 21 through 23.
23 1.
Claim 1 recites a lens-fitted photographic film unit having preloaded photographic
film on which an image is formed through a taking lens system when a shutter release button is
depressed. The film unit comprises a shuttm mount and a projecting portion projecting forward
of the shutter mount along the optical axis o f the lens system. The projecting portion has a flat
surface on its front side with a shutter opening formed in the flat surface. Also included is a
-7755934ov7
shutter blade attached to the shutter mount. 'The shutter blade has a rear claw like portion, a
middle arm portion and a front masking portion for opening and closing the shutter opening. The
shutter blade is bent in a crank shape in the middle of the arm portion. The middle portion
extends in a direction along the optical axis such that the masking portion is disposed further
forward then the claw portion. The crank shape corresponds to the shape of the shutter mount
and the projecting portion. This construction makes a thinner shape possible.
232.
Claim 15 recites a lens-fitted photographic film unit having preloaded
photographic film on which an image is fornied through a taking lens system when a shutter
release button is depressed. The film unit comprises a shutter mount having a flat projection
projecting forward along the optical axis of the taking lens system. A shutter opening is formed
in the projection on the optical axis of the taking lens system. Also provided is a shutter blade
having a rear claw portion and a front masking portion for opening and closing the shutter
opening. The masking portion is swingable between a closed position and an open position and
has a surface facing the shutter opening. T h masking portion surface facing the shutter opening
also has a recess and a semi-circular rim. The rim is disposed on the leading edge when the
shutter blade swings from the closed position to the open position. The recess has a tapered
surface formed in approximately half of the Tecess on the side of the trailing edge portion
opposite the leading edge portion of the masking portion. The thickness of the masking portion
decreases in a direction toward the trailing edge so as to prevent the tapered surface from being
brought into contact with the projection fornied around the shutter opening during swinging of
the shutter blade. The projection fits into the aforementioned recess when the shutter blade is in
the closed position. This helps prevent light from leaking past the closed shutter blade.
-78559340~7
233.
Claim 23 of the '200 patent recites a lens-fitted photographic film unit having
preloaded photographic film on which an image is formed through a taking lens system when a
shutter release button is depressed. The film unit comprises a shutter mount and a shutter
opening formed in the shutter mount. A shutter blade is also provided. The shutter blade has a
rear claw portion and a front masking portion for opening and closing the shutter opening. The
shutter blade is swingable between a closed position and an open position. A stop aperture is
disposed in front of the shutter blade. A protrusion is provided on the masking portion on a side
of the trailing edge of the masking portion when the shutter blade swings from the closed
position to the open position. The protrusion protrudes towards the stop aperture. The
protrusion swings so as to traverse the stop aperture during swinging of the shutter blade. This
helps prevent light leakage and the effective speed of the blade.
234.
Claim 25 of the '200 patent recites a lens-fitted photographic film unit having
preloaded photographic film on which an image is formed through a lens system upon the
depression of a shutter release button. The film unit comprises a shutter mount having a flat
projection projecting forward along an optical access of the taking lens. A shutter opening is
formed in the projection on the optical axis of the taking lens system. Also provided is a shutter
blade having a rear claw portion and a front inasking portion for opening and closing the shutter
opening. The shutter blade is swingable between a closed position and an opened position. The
masking portion of the shutter blade has, on a surface facing the shutter opening, a recess and a
semi-circular rim. The rim is disposed on the side of the masking portion which forms a leading
edge when the shutter blade swings from the closed position to the opened position. The
-79559340~7
projection fits into the recess when the shuttcr blade is in the closed position. This helps prevent
light leakage.
235.
Fuji has filed 2 foreign patenl applications corresponding to the '200 patent. The
COUNTRY
Japan
APPLNJPAT. NOJDATE
Appln. No. 4- 124519 filed
5118/92
3/3/93
Japan
STATUS
Pending
Pending
J.
The '288 Patent (U.S.Pateut No. 5,408,288)
236.
Fuji is the owner by Assignment of the '288 patent entitled Photographic Film
Cassette and Lens-Fitted Photographic Film Unit Using The Same. A certified copy of the '288
patent is enclosed with Enclosure A. A certified copy of the Assignment of the '288 patent by the
inventors to Fuji, as duly filed with the USP'I'O, is enclosed with Enclosure B. A copy of the
front cover, claims and assignment is attachd as Exhibit 11.
237.
The '288 patent was issued on April 18, 1995 based upon Application Serial No.
114,093, filed August 13, 1993. The patent claims the priority of a Japanese application filed
August 31, 1992. The '288 patent has eight claims, claims 1 and 7 being independent claims. At
least claims 1 and 7 are believed to be infringed by various of the Respondents as set out in
Sections 111-V above, in the claim charts of Exhibit 37 and drawings of infringing LFFP models
of Exhibits 20 through 23.
238.
Claim 1 recites a lens-fitted photographic film unit which has a body which
contains photographic film which has been drawn out of a film cassette and formed into a roll. A
-805.59340~7
film winding reel is rotated after each exposiae to rotate a spool in the film cartridge and thereby
wind the film back into the cartridge. An axial hole is formed in one end of the spool and a pair
of engaging plates project inward at the bottom of the axial hole. A keyway is defined by a
plurality of inner teeth formed inside the axial hole and axially upward from the engaging plates.
The winding wheel includes a drive shaft fitted in the axial hole. The drive shaft includes a
plurality of engaging teeth which engage with the inner teeth inside the axial hole of the spool.
This prevents film waste compared with a conventional arrangement in which a half turn may be
necessary to engage the film winding knob and film cartridge spool.
239.
Claim 7 recites a lens-fitted photographic film unit which has a body that contains
photographic film that is drawn out of a film cassette and formed into a roll. A winding wheel is
rotated after each exposure to rotate a spool in the cassette so as to wind the film back into the
cassette. The film unit comprises an axial hole formed in one end of the spool and a pair of
engaging plates formed inside the axial hole in the spool. A plurality of inner teeth are formed
inside the axial hole and arranged circularly at a regular pitch and shaped to have a substantially
triangular cross-section. The teeth extend axially above the engaging plates. A drive shaft is
integrally formed with the winding wheel and fitted in the axial hole while the cassette is
contained in the body. A plurality of outer teeth are formed about the drive shaft and shaped to
have a substantially triangular section for engagement with the inner teeth. The drive shaft is
fitted in the axial hole to engage the inner teeth and the outer teeth for transmission of rotational
motion from the winding wheel to the spool. This arrangement helps save film.
-81559340~7
240.
Fuji has filed 2 foreign applications corresponding to the '288 patent. The status
of the foreign application is reflected below. No other corresponding foreign patent applications
have been filed.
COUNTRY
Japan
Japan
APPLNJPAT. NOJDATE
813 1/92; U3,004,841
Appln. No.6-401 O(U), Div.
STATUS
Patented
-----I
-__
Pending
K.
The '685 Patent (U.S. Pateqt No. 5,436,685)
241.
i
Photographic Film Unit Whose Parts Can Be Recycled Easily. A certified copy of the '685 patent
is enclosed with Enclosure A. A certified copy of the Assignment from the named inventor to
Fuji, as duly filed with the USPTO, is enclosed with Enclosure B. A copy of the front page,
claims and assignment of the '685 patent is attached as Exhibit 12.
242.
The '685 patent issued on July 25, 1995 based upon U.S. Application Serial No.
203,556 filed March 1, 1994. The '556 application was a continuation of Application Serial No.
913,435, filed July 15, 1992 and subsequently abandoned. The patent claims priority of one
Japanese application filed July 15, 1991. The '685 patent has 28 claims. Claims 1, 8, and 28 are
independent claims. At least claims 1 and 28 are believed to be infringed by various of the
Respondents as set out in Sections 111-V above, in the claim charts and Exhibit 38 and the
drawings of infringing LFFP models of Exhibits 20 through 23.
243.
Claim 1 recites a lens-fitted photographic film unit which has resinous parts as
well as metal parts and which has an exposure aperture, a film supplying chamber for containing
unexposed photographic film, and a film takc-up chamber for taking up the film after it is
-82559340~7
exposed. The film supplying chamber and the film take-up chamber are disposed horizontally on
opposite sides of the exposure aperture. A taking lens and shutter mechanism are also included.
A film wind-up wheel is provided for winding up the film as it is exposed. A wind-up stopping
mechanism is also included for preventing the wind-up wheel from rotating after the film has
been fed by one frame after each exposure by rotation of the wind-up wheel. The film unit
comprises a resinous film containing unit in which the exposure aperture, the film supplying
chamber and the film take-up chamber are formed. A single photo-forming unit is also included
which comprises the shutter mechanism and the wind up stopping mechanism. The single photoforming unit has metal parts and is secured to the film containing unit but is removable as a
single unit from the film containing unit so as to facilitate separation of metal parts from the
resinous parts for efficient recycling . A front cover is secured to the film containing unit in front
of the photo-taking unit.
244.
Claim 28 recites a lens-fitted photographic film unit which has resinous parts and
metal parts and which has an exposure aperhire, a film supplying chamber for containing
unexposed photographic film and a film take-up chamber for taking up the film after it is
exposed. The film supplying chamber and the film take-up chamber are disposed horizontally on
opposite sides of the exposure aperture. A taking lens and a shutter blade are also provided. A
driven sprocket wheel driven in rotation by movement of the film is included in the photographic
film unit. Also provided are means for cockxng the shutter blade in response to rotation of the
sprocket wheel. Means are also provided for driving the shutter blade upon release of the shutter
cocking means. A film wind-up wheel is provided for winding up exposed film into the take up
chamber. A wind-up stopping mechanism is also provided for preventing the wind-up wheel
-83559340~7
from rotating after the film is wound up by one frame after each exposure. The film unit
comprises a resinous film containing unit in which the exposure aperture, the film supplying
chamber and the film take-up chamber are formed. The photo forming unit includes the shutter
blade, the sprocket wheel, the shutter cocking means, the shutter driving means and the wind-up
stopping mechanism. The single photo-forming unit has metal parts and is secured to the film
containing unit but is removable as a single unit from the film containing unit so as to facilitate
removal of metal parts from resinous parts. A front cover is secured to the film containing unit
in the front of the photo-forming unit.
245.
COUNTRY
Japan
APPLNJPAT. NOJDATE
7/ 1519 1
2,257,801
P4,223,117.5
Great Britain
Germany
STATUS
Pending
-Patented
Pending
__I-
L.
The '168 Patent (U.S. Patent No. Re 34,168)
246.
Fuji is the owner by Assignment of the '168 patent entitled Lens-Fitted
certified copy of the Assignment by the named inventors to Fuji, as duly filed with the USPTO,
is enclosed with Enclosure B. A copy of the front page, claims and assignment of the '168 Patent
247.
The '168 patent was issued January 26, 1993, based upon Application Serial No.
689,000, filed April 12, 1991. The '168 patent, a reissue patent, was based upon U.S. Patent No.
-84559340~7
4,954,858, which issued September 4, 1990, which in turn was based upon Application Serial
No. 314,214, filed February 22, 1989, claiming the priority of three Japanese applications filed
February 28, 1988. As reissued, the '168 patent contains corrections to claim 7 and includes a
new claim 22. The '168 patent contains 22 claims. Claims 1,7, 13 and 19 are independent
claims. At least claims 1 and 13 are believed to be infringed by various of the Respondents as set
out in Sections 111-V above, in the claim charts of Exhibit 39 and drawings of infringing LFFP
models of Exhibits 20-23 and 25-28.
248.
Claim 1 is directed to a lens-fitted photographic film package containing a roll of
unexposed film and including a lens, a shutter and a film transport path. The claimed LFFP
comprises a main case section which is open at its front, having mounted thereon the shutter, and
the film transport mechanism. The main case section is so formed as to contain, in light-tight
fashion, a roll of unexposed film. A front cover is attached to the main case section and closes
the opened front of the main case section to cover the majority of the lens, the shutter and the
film transport mechanism. The front cover section is formed so as to have at least one opening
for partially receiving a portion of either the shutter or the film transport mechanism, a portion of
either of the shutter and/or transport mechanism projecting forward beyond the surface of the
main case when the main case and the inner surface of the front cover are securely attached
together.
249.
Claim 13 of the '168 patent recites a lens-fitted photographic film package having
at least a roll of unexposed photographic film and a lens for taking pictures, the film package
comprising a parallelepipedal light-tight case upon which is mounted the taking lens and within
which is mounted the roll of unexposed film in a chamber formed in the light-type case. The
-85559340~7
chamber is closed by an openable cover in tbe case. A parallelepipedal external container which
conforms to the shape of the case encloses the light-tight film case, the external container having
a weakened openable portion directly overlying the openable cover of the light-tight film
enclosing chamber, the weakened openable portion of the external container only being openable
by being broken away from the external conlainer to expose the openable cover in the light-tight
case. This makes film removal more convenient.
250.
Fuji has filed 9 applications in foreign countries corresponding to the '168 patent.
COUNTRY
Japan
Japan
APPLNJPAT. NOJDATE
2/22/88; U2,020,797
2/22/88; u1,977,392
Abandoned
Great Britain
Great Britain
Great Britain
Germany
Hong Kong
France
2,216,278
2,247,754
2,247,755
P3,905,3 10.5
28711995
8,902,313
Patented
Patented
Patented
Pending
Patented
Patented __ -
Japan
STATUS
Patented
Patented
M.
The ID750 Patent (U.S. Design Patent No. Des. 345.750)
25 1.
Fuji is the owner by assignment of the ID750 patent entitled Single Use Camera.
A Certified copy of the 'D750 patent is enclosed with Enclosure A. A certified copy of the
Assignment from the named inventor to Fuji, as duly filed with the USPTO, is enclosed with
Enclosure B. A copy of the front page and assignment is attached as Exhibit 14.
-86559340~7
252.
The ID750 patent issued on April 5,1994 for a fourteen year term, based upon
U.S. Application Serial No. 1,452 filed November 13, 1992. The patent claims the priority of a
Japanese application filed May 14, 1992. Being a design patent, the ID750 patent has only one
claim incorporating the seven drawing figures of the ID750 patent. The patent depicts a later
version of a Fuji Type 1 LFFP without flash, The claim of the ID750 patent is inhnged by
certain of the Respondents which remanufacture such Fuji Type 1 LFFPs, as described in
Sections IV and V above and as shown in the "claim chart" of Exhibit 40.
253.
Fuji has filed 1 foreign patent application corresponding to the ID750 patent. The
APPLNJPAT. NOJDATE
N.
The 'D101 Patent W.S. Design Patent No. Des. 356,101)
254.
Fuji is the owner by assignment of the ID101 patent entitled Single Use Camera.
A certified copy of the ID101 patent is enclosed with Enclosure A. A certified copy of the
assignment from the named inventor to Fuji, as duly filed with the USPTO, is enclosed with
Enclosure B. A copy of the front page and assignment is attached as Exhibit 15.
255.
The ID101 patent was issued on March 7,1995 for a fourteen year term, based
upon U.S. Application Serial No. 21,031 filed March 16, 1994. The ID101 patent is a
continuation of US. Serial No. 1,453, filed November 13, 1992 and now abandoned. The patent
claims the priority of a Japanese application filed May 14, 1992. Being a design patent, the
'D101 patent has only one claim incorporating the seven drawing figures of the 'D101 patent.
-87559340~7
This patent depicts a version of a Fuji Type 1 LFFP with flash. The claim of the 'Dl01 patent is
infringed by at least certain of the Respondents which remanufacture such Fuji Type 1 LFFPs, as
described in Sections I11 and V above and as shown in the "claim chart'' of Exhibit 41.
256.
Fuji has filed 1 foreign patent application corresponding to the 'D 101 patent. The
COUNTRY
Japan
APPLNJPAT. NOJDATE
---
0.
The 'D722 Patent (US. Desjgn Patent No. Des. 372,722)
257.
Fuji is the owner by assignment of the ID722 patent entitled Camera. A certified
copy of the ID722 patent is enclosed with Enclosure A. A certified copy of the assignment from
the named inventor to Fuji, as duly filed with the USPTO, is enclosed with Enclosure B. A copy
of the front page and assignment is attached as Exhibit 16.
258.
The ID722 patent was issued on August 13, 1996 based upon U S . Application
Serial No. 34,742 filed February 10, 1995. The patent claims the priority of a Japanese
application filed August 11, 1994. Being a design patent the ID722 patent has a single claim
incorporating the seven drawing figures of the ID722 patent. The ID722 patent depicts the Fuji
Type 4 LFFP with flash. At least certain of the Respondents, which remanufacture Fuji Type 4
LFFPs, infringe the claim of the ID722 patent, as described in Sections IV and V above and as
shown in the ''claim chart" of Exhibit 42.
-88559340~7
259.
Fuji has filed 7 foreign patent applications corresponding to the ID722 patent. The
COUNTRY
Japan
Great Britain
France
South Korea
Taiwan
China
Thailand
APPLNJPAT. NOJDATE
811 1/94; D913,842-6
D2,044,907
398 181A398187
177,270
48,805
ZL95301145.3
20,116
STATUS
Patented
-
Patented
Patented
Patented
Patented
Patented
Patented
-
m L LICENSES
260.
The subject patents have been licensed to two entities, as set forth in detail in
Confidential Exhibit 1 filed with this Complaint.
IX. THE DOMESTIC INDUSTRY
261.
Fuji has created a domestic industry that meets the requirements of each of the
three subparts of Section 337(a)(3), 19 U.S.C. 5 1337(a)(3).
262.
In satisfaction of subparts (A) and (B) of the aforementioned statute, Fuji has
created a domestic industry through significant investment in plant and equipment and in
significant domestic employment and capital expenditure in connection with the production, sale
and recycling of LFFPs covered by the subject patents, namely Fuji Types 1 and 4 LFFPs, with
and without flash. Types 1 or 4 LFFPs are each covered by at least one claim of each utility
patent. Fuji Type 1 LFFPs are also covered by the 'D101 and 'D750 design patents. Fuji Type 4
LFFPs covered by the ID722 design patent.
-89559340~7
263.
Since June, 1995, Fuji LFFPs have been produced at a plant in Greenwood, South
Carolina, operated by a Fuji U.S. subsidiary, Fuji Photo Film, Inc. The portion of this facility
devoted to the manufacture, storage and recycling of patented LFFPs includes about 110,000
square feet. Approximately 105 workers are employed at the Greenwood facility who are
involved in the production and recycling of the patented LFFPs. The great bulk of the patented
Fuji LFFPs to be sold and offered for sale in the United States are now produced in the
Greenwood facility, and a portion of the patented Fuji LFFPs produced in Greenwood are
exported from the United States for sale in Europe, Japan and elsewhere. At this time, Fuji
Types 1 and 4 LFFPs, with and without flash, are produced at the Greenwood plant. In addition,
Fuji maintains a facility in Carlstadt, New Jersey which receives and sorts spent LFFP casings of
all types and ships Fuji casings to Greenwood for recycling. That facility employs 32 people
involved in the recycling of LFFPs.
264.
The sale and marketing of LFFPs in the United States is under the control of Fuji
Photo Film U.S.A., Inc., a United States subsidiary of Fuji. The patented Fuji LFFPs are widely
distributed throughout the United States. Approximately 150 workers are involved at least in
part in the marketing and sales of the patented Fuji LFFPs, located in seven offices around the
country and in 29 states.
265.
Fuji has invested significant capital in developing its production facility and in
purchasing equipment for production, testing and packaging of its LFFPs. Fuji's investment in
plant property and equipment dedicated to tbe production and recycling of the patented LFFPs is
a significant amount, set forth in paragraph 5 of the Confidential Exhibit 1.
-90559340~7
266.
Additionally, through its contacts with domestic vendors, Fuji has caused
additional investment by domestic vendors of equipment and supplies sold to Fuji in support of
its LFFP manufacturing and sales efforts. Filji has spent significant sums on the purchase of
equipment, supplies and services utilized in Ihe production and recycling of its patented LFFPs as
is set forth in paragraph 6 of the confidential Exhibit 1.
267.
Fuji's efforts have resulted in the manufacture of millions of patented LFFPs in
the U.S. since June, 1995, and significant sales of patented LFFPs in the United States since
1995, representing large domestic revenues to Fuji as set forth in paragraph 7 of the Confidential
Exhibit 1.
268.
Additionally, Fuji has fostered, through development of the LFFP market and its
domestic sales efforts, a domestic market in the sale of LFFPs through photo finishing shops,
camera shops, gift shops, other retail stores, as well as in the premium market, amounting, on
information and belief, to hundreds of millions of dollars in sales at the retail level.
269.
Fuji has made a significant investment in the development of its patent portfolio.
Fuji has spent substantial sums in obtaining US. patent protection for its LFFP products and
technology encompassed in its LFFP products. Fuji has asserted in this proceeding 15 issued
U.S. utility and design patents, all directed to aspects of its LFFP products and technology.
270.
Fuji has also exploited the subject patents through licensing to two U.S. entities,
the identities of which are listed in paragraph 8 of the Confidential Exhibit 1, which has resulted
in substantial domestic sales of patented LFFPs by Fuji's licensees.
-91559340~7
X. OTHER LITIGATION
271.
U.S. Pat. Nos. 4,833,495,4,855,774,4,884,087,4,954,857,4,972,649, 5,063,400,
5,235,364 and Re 34,168 were the subject of a lawsuit against Concord Camera Corp., Avenel,
New Jersey, filed in the Southern District of New York in October, 1995. The lawsuit settled
prior to a trial or any substantive rulings on the merits.
XI. GENERAL EXCLUSION ORDER
272.
Infringing LFFPs manufactured a i d o r remanufactured by Respondents and others
not now known are being imported in mass quantities on a regular and systematic basis.
273.
Examination of actual specimens of infringing LFFPs of the Respondents,
obtained in the U.S., reveals legends on the LFFP packaging indicating that the LFFP is "made"
or "assembled" outside the United States (e.g., China, Japan or Korea). On information and
belief, each of the Respondents is either manufacturing LFFPs for exportation to or importation
into the United States, or importing LFFPs into the United States or selling, distributing, using or
offering for sale imported LFFPs in the Unitcd States. In each case, the LFFPs are covered by
one or more claims of one or more of the cited Fuji patents.
274.
Fuji's investigation into the importation of infringing LFFPs has uncovered
numerous entities which, on information and belief, are engaged in the remanufacture,
manufacture, distribution, sale and offer for sale of infringing LFFPs which are offered for
importation or were imported into the United States and Fuji has named such of the entities for
which it can prove importation of infiinging LFFPs into the United States as named
Respondents. Further, Fuji has named sixteen additional entities for which it has insufficient
proof of violation of Section 337, but which Fuji believes are in fact involved in the violation of
-92559340~7
or are themselves violating Section 337 in connection with infringing LFFPs. Further, Fuji has
discovered that new entities engaged in infringing activities emerge and disappear regularly.
Fuji's investigation has uncovered entities which were in this business and cannot now be located
(and therefore were not identified as Respondents), as well as entities recently entering into this
market. Many companies do business under several trade names simultaneously.
275.
On information and belief, often entities import from multiple sources overseas,
and provide little or no sourcing information on their product. For example, the "Sun Lite"
LFFP, photocopies of which are submitted as Exhibit 84 to this Complaint, bears the legend
"Made in China" but bears no information as to which company actually makes it. Thus,
although this LFFP is an imported, remanufactured Fuji Type 5 LFFP, and clearly infringes Fuji's
patents as more particularly described in Paragraphs 36 and 37 above, and were imported and
sold in violation of section 337, it can be tied to no particular entity.
276.
Another example of an imported LFFP whose source is unknown is an LFFP
bearing the trademark and logo of PLANET HOLLYWOOD, as shown in photocopies submitted
as Exhibit 85 to this Complaint. While the outer cardboard box contains no country of origin
information, a "MADE IN KOREA" sticker is applied to the transparent plastic bag in which the
LFFP is packaged. The LFFP is a remanufactured Fuji Type 4 LFFP with flash but there is no
indication of either the manufacturer, importer or distributor of the product. It is reasonable to
assume that the product was prepared with the PLANET HOLLYWOOD trademark by an entity
in the premium or specialty marketing business, but unfortunately there are numerous entities in
that business throughout the United States, too many to investigate or name as respondents. This
LFFP also infringes Fuji's patents as more pxticularly shown in Paragraphs 34 and 35 above.
-93559340~7
277.
Because the importation activity of the known Respondents, as well as those not
known, or if known, the violation of Section 337 of which cannot now be proved is so
widespread, and because the identity of potemtial respondents is both constantly changing and
difficult, if not impossible, to determine, Fuji is requesting as part of its relief a general exclusion
order barring the importation of any LFFP covered by any claim of any of the subject patents.
278.
Unless a general exclusion order is granted, Fuji's relief will be sorely inadequate.
Absent a general exclusion order, a Respondent found to have committed acts of unfair
competition in violation of Section 337 need only establish a new company under a new name to
be back in business. Because overseas suppliers are numerous, and because the U.S. market
demand is so robust, it is likely that a new infringer can be up and running in a matter of weeks.
Only a general exclusion order can prevent such a grave injustice and protect the domestic LFFP
market that Fuji and its licensees largely created.
PRAYER FOR RELIEF
WHEREFORE, by reason of the foregoing, Complainant Fuji requests that the
United States International Trade Commission:
(a)
institute an immediate investigation pursuant to Section 337 with
respect to violations of that Section based upon manufacture, sale and offer for sale for
importation into the United States, the importation into the United States, or the sale within the
United States after importation, by Respondents of LFFPs that infringe any of the subject valid
and enforceable Fuji patents;
(b)
schedule a hearing on said unlawful acts and after said hearing;
-94559340~7
(c)
issue a permanent general exclusion order excluding entry into the
United States of any LFFP that infringes any claim of the subject patents;
(d)
Issue permanent cease and desist orders prohibiting the selling,
offering for sale, distributing or otherwise using in the United States LFFPs or component parts
thereof imported into the United States that infringe any claim of any of the subject patents, or
manufacturing or selling for importation into the United States, importing into the United States
or exporting to the United States, either directly or indirectly, LFFPs that infringe any claim of
the subject patents; and
-95559340~7
(e)
Issue such othcr and further relief as the Commission deems just
and proper based upon the facts determined by the investigation and the authority of the
Commission.
Respectfully submitted,
Lawrence Rosenthal, Esq.
Matthew W. Siegal, Esq.
James J. DeCarlo, Esq.
Lisa A. Jakob, Esq.
180 Maiden Lane
New York, New York 10038
Tel: (212) 806-5400
Fax: (212) 806-6006
Will E. Leonard, Esq.
F. David Foster, Esq.
Ablondi, Foster, Sobin & Davidow, P.C.
1130 Connecticut Avenue, N.W.
Suite 500
Tel: (202) 296-3355
Fax: (202) 296-3922
Counseljb$omplainant
-96559340~7
Exhibit List
1.
Non-Confidential version of Exhibit 1 (confidential version filed separately)
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
U.S. Patent No.
US.Patent No.
U.S. Patent No.
U.S. Patent No.
U.S. Patent No.
U.S. Patent No.
U.S.Patent No.
U. S , Patent No.
U.S. Patent No.
U.S. Patent No.
U.S. Patent No,
U.S. Patent No.
14.
15.
16.
U.S. Patent No. Des. 345,750 coversandassignment
U.S. Patent No. Des. 356,101 cover and assignment
U.S. Patent No. Des. 372,722 cover and assignment
17
18.
19.
Discount Store News article
Representative premium LFFPs
Representative Weddingparty LFFPs
20.
21.
22.
23.
24.
25.
26.
27.
Fuji Type 1 Drawings
Achiever Type 6 Drawings
Kodak Type 7 Drawings
Konica Type 8 and 8A Drawings
28.
29.
30.
31.
32.
33.
34.
35.
36.
U.S.Patent No. 4,833,495 C l a h Chart
631469~1
U.S. Patent No.
U.S. Patent No.
U.S. Patent No.
U.S. Patent No.
U S . Patent No.
U.S. Patent No.
U.S. Patent No.
U.S. Patent No.
4,833,495 cover, claims and assignment
4,954,857 cover, clgims and assignment
5,3 16,111 cover, clhims and assignment
Re 34,168 cover, cbims and assignment
4,855,774 Claim Chart
4,884,087 Claim chart
4,972,649 Claim Qiart
5,063,400 Claim C'$art
5,235,364 Claim mart
5,381,200 Claim C b r t
37.
38.
39.
40.
41.
42.
U.S. Patent No.
U.S. Patent No.
U.S. Patent No.
U.S. Patent No.
U.S. Patent No.
U.S. Patent No.
43.
Chart Identifying Patent Claims InfrSnged by Each Respondent
44.
45 *
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
Argus Industries
Boecks Camera LLC
BPS Marketing
Fast Shot
Forcecam, Inc.
Jazz Photo Corp.
Klikit
Konica Corporation
Labelle Time, Inc.
Opticam Inc.
Opticolor Camera
Penmax, Inc.
Vantage Sales, Inc.
Vivitar Corp.
72.
73.
74.
75.
76.
77.
78.
Advance Tech International Ltd.
Asahi Supply Corporation
Citiwell
Jasko Marketing Inc.
Jewon Trading Co.
Luckchance Development Ltd.
Miracle Company
Re 34,168 Claim Chart
Des. 345,750 Claim Chart
Des. 356,101 Claim Chart
Des. 372,722 Clairb Chart
79.
80.
81.
82.
83.
Newko Trading Corporation
One World Production Co. Ltd.
Picnic Co., Ltd,
Vast Fame Investment Ltd.
Yee Enterprises
84.
85.
SunLite LFFP
Planet Hollywood LFFP
637469~1

STROOCK STROOCK LAVAN LLP

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