Jazz Photo Corp. v. United States International Trade Commission
Encyclopedia
Jazz Photo Corp. v. United States International Trade Commission, 264 F. 3d 1094
(Fed. Cir.
2001), was a case in which the United States Court of Appeals for the Federal Circuit
clarified the law of repair and reconstruction (permitting the owner of a patent
ed item to fix the item when it breaks, but not to essentially build a new item from the parts of an old one), holding that it was not a patent infringement for one party to restore another party's patented "one-use" camera
to be used a second time.
s which had been manufactured by Fuji Photo Film Co., Ltd.
and sold by Fuji to consumers. Fuji owned several patent
s on the technology used in the cameras. Polytech refurbished the cameras through a process which included fitting the camera with new film, and in some instances with new flash batteries, repairing the camera case to exclude light following the film reloading operation, repackaging, and relabeling under the trademark of Jazz Photo Corp. The cameras were brought to China
to be refurbished, and Jazz Photo then reimported
them into the United States for sale.
The United States Customs Service
intercepted two shipments of these cameras, and sought to prevent their entry into the United States on the grounds that they infringed Fuji's patents. Jazz Photo objected, asserting that the patents were not infringed because, rather than build new cameras incorporating the proprietary technology, Jazz Photo had simply purchased Fuji's own cameras and repaired them.
, concluded that Jazz Photo was correct. The Court clarified the line between reconstruction - building a new copy of a patented invention - and permissible repair.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(Fed. Cir.
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
2001), was a case in which the United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
clarified the law of repair and reconstruction (permitting the owner of a patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
ed item to fix the item when it breaks, but not to essentially build a new item from the parts of an old one), holding that it was not a patent infringement for one party to restore another party's patented "one-use" camera
Camera
A camera is a device that records and stores images. These images may be still photographs or moving images such as videos or movies. The term camera comes from the camera obscura , an early mechanism for projecting images...
to be used a second time.
Facts
A company called Polytech Enterprise Limited acquired used disposable cameraDisposable camera
The disposable or single-use camera is a simple box camera sold with a roll of film installed, meant to be used once. Most use fixed-focus lenses. Some are equipped with an integrated flash unit, and there are even waterproof versions for underwater photography...
s which had been manufactured by Fuji Photo Film Co., Ltd.
Fujifilm
is a multinational photography and imaging company headquartered in Tokyo, Japan.Fujifilm's principal activities are the development, production, sale and servicing of color photographic film, digital cameras, photofinishing equipment, color paper, photofinishing chemicals, medical imaging...
and sold by Fuji to consumers. Fuji owned several patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
s on the technology used in the cameras. Polytech refurbished the cameras through a process which included fitting the camera with new film, and in some instances with new flash batteries, repairing the camera case to exclude light following the film reloading operation, repackaging, and relabeling under the trademark of Jazz Photo Corp. The cameras were brought to China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
to be refurbished, and Jazz Photo then reimported
Reimportation
Reimportation is the importation of goods into a country which had previously been exported from that country. A number of legal issues arise with the reimportation of goods, particularly where the goods were not designed for sale in the country from which they were initially exported...
them into the United States for sale.
The United States Customs Service
United States Customs Service
Until March 2003, the United States Customs Service was an agency of the U.S. federal government that collected import tariffs and performed other selected border security duties.Before it was rolled into form part of the U.S...
intercepted two shipments of these cameras, and sought to prevent their entry into the United States on the grounds that they infringed Fuji's patents. Jazz Photo objected, asserting that the patents were not infringed because, rather than build new cameras incorporating the proprietary technology, Jazz Photo had simply purchased Fuji's own cameras and repaired them.
Opinion
The Federal Circuit, in an opinion written by Judge Pauline NewmanPauline Newman
Pauline Newman is a judge on the United States Court of Appeals for the Federal Circuit.-Biography:Born in New York, New York, Newman received a B.A. from Vassar College in 1947, an M.A. from Columbia University in 1948, a Ph.D. in chemistry from Yale University in 1952 and an LL.B. from New York...
, concluded that Jazz Photo was correct. The Court clarified the line between reconstruction - building a new copy of a patented invention - and permissible repair.