Jazz Photo Corp. V. United States International Trade Commission
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Jazz Photo Corp. V. United States International Trade Commission
''Jazz Photo Corp. v. United States International Trade Commission'', 264 F.3d 1094 (United States Court of Appeals for the Federal Circuit, 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 patented 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. Facts A company called Polytech Enterprise Limited acquired used disposable cameras which had been manufactured by Fujifilm, Fuji Photo Film Co., Ltd. and sold by Fuji to consumers. Fuji owned several patents 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 excl ...
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United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of the United States, U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government procurement, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving Federal crime in the United States, criminal, Bankruptcy in the United States, bankruptcy, Immigration to the United States, immigration, or State law (United States), U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Cus ...
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Fujifilm
, trading as Fujifilm, or simply Fuji, is a Japanese multinational conglomerate headquartered in Tokyo, Japan, operating in the realms of photography, optics, office and medical electronics, biotechnology, and chemicals. The offerings from the company that started as a manufacturer of photographic films, which it still produces, include: document solutions, medical imaging and diagnostics equipment, cosmetics, pharmaceutical drugs, regenerative medicine, stem cells, biologics manufacturing, magnetic tape data storage, optical films for flat-panel displays, optical devices, photocopiers and printers, digital cameras, color films, color paper, photofinishing and graphic arts equipment and materials. Fujifilm is part of the Sumitomo Mitsui Financial Group financial conglomerate (''keiretsu''). History 20th century Fuji Photo Film Co., Ltd. was established in 1934 as a subsidiary of Daicel with the aim of producing photographic films. Over the following 10 years, the comp ...
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United States Patent Case Law
This is a list of notable patent law cases in the United States in chronological order. The cases have been decided notably by the United States Supreme Court, the United States Court of Appeals for the Federal Circuit (CAFC) or the Board of Patent Appeals and Interferences (BPAI). While the Federal Circuit (CAFC) sits below the Supreme Court in the hierarchy of U.S. federal courts, patent cases only have the right of appeal to the Federal Circuit. The U.S. Supreme Court will only review cases on a discretionary basis and rarely decides patent cases. Unless overruled by a Supreme Court case, Federal Circuit decisions can dictate the results of both patent prosecution and litigation as they are universally binding on all United States district courts and the United States Patent and Trademark Office. Early cases (before 1900) *''Tyler v. Tuel'' - Supreme Court, 1810. Held that an assignee of a geographically limited patent right could not bring an action in the assignee's own nam ...
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Lexmark International, Inc
Lexmark International, Inc. is a privately held company, privately held American company that manufactures laser printers and imaging products. The company is headquartered in Lexington, Kentucky. Since 2016 it has been jointly owned by a consortium of three multinational companies: Apex Technology, PAG (investment firm), PAG Asia Capital, and Legend Capital. History Lexmark was formed on March 27, 1991 when investment firm Clayton, Dubilier & Rice, Clayton & Dubilier completed a leveraged buyout of IBM Information Products Corporation, the Printer (computing), printer, IBM Selectric typewriter, typewriter, and Model M keyboard, keyboard operations of IBM. Lexmark became a publicly traded company on the New York Stock Exchange on November 15, 1995. By 2016, the company struggled to keep corporate clients that are cutting costs and the consumers who are shifting to mobile devices from personal computers. It was reported in April 2016 that Lexmark would be acquired by Apex Techno ...
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United States Customs Service
The United States Customs Service was the very first federal law enforcement agency of the U.S. federal government. Established on July 31, 1789, it collected import tariffs, performed other selected border security duties, as well as conducted criminal investigations. In March 2003, as a result of the homeland security reorganization, the U.S. Customs Service was renamed the Bureau of Customs and Border Protection, and most of its components were merged with the border elements of the Immigration and Naturalization Service, including the entire U.S. Border Patrol and former INS inspectors, together with border agriculture inspectors, to form U.S. Customs and Border Protection, a single, unified border agency for the U.S. The investigative office of U.S. Customs was split off and merged with the INS investigative office and the INS interior detention and removal office to form Immigration and Customs Enforcement, which, among other things, is responsible for interior immigration ...
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Reimportation
Re-importation or 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 re-importation of goods, particularly where the goods were not designed for sale in the country from which they were initially exported. Because prices differ from one country to another, a re-importer may purchase goods in another country where they are sold at a low price and re-import them in order to undercut the price at which the goods are being sold in the country to which they are imported. Such re-imported goods may constitute grey market goods. Re-importation occurs often when excise taxes are high on a commodity, such as alcohol. Buyers who desire certain domestic products, but do not wish to pay the high excise tax, can buy it from another country where the excise tax is lower. This occurs, for example, when re-importing Koskenkorva Viina, a Finnish product, from Estonia to Finland. The permissibilit ...
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China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and borders fourteen countries by land, the most of any country in the world, tied with Russia. Covering an area of approximately , it is the world's third largest country by total land area. The country consists of 22 provinces, five autonomous regions, four municipalities, and two Special Administrative Regions (Hong Kong and Macau). The national capital is Beijing, and the most populous city and financial center is Shanghai. Modern Chinese trace their origins to a cradle of civilization in the fertile basin of the Yellow River in the North China Plain. The semi-legendary Xia dynasty in the 21st century BCE and the well-attested Shang and Zhou dynasties developed a bureaucratic political system to serve hereditary monarchies, or dyna ...
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Disposable Camera
A disposable or single-use camera is a simple box camera 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. Internally, the cameras use a 135 film or an APS cartridge. While some disposables contain an actual cartridge as used for loading normal, reusable cameras, others just have the film wound internally on an open spool. The whole camera is handed in for processing. Some of the cameras are recycled, i.e. refilled with film and resold. The cameras are returned for "processing" in the same fashion as film cameras. In general the one-time-use camera represents a return to the business model pioneered by Kodak for their KODAK camera, predecessor to the Brownie camera; it is particularly popular in situations where a reusable camera would be easily stolen or damaged, when one's regular camera is forgotten, or if one cannot afford a regular camera. History A compa ...
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Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, ''Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always published de ...
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Camera
A camera is an Optics, optical instrument that can capture an image. Most cameras can capture 2D images, with some more advanced models being able to capture 3D images. At a basic level, most cameras consist of sealed boxes (the camera body), with a small hole (the aperture) that allows light to pass through in order to capture an image on a light-sensitive surface (usually a Image sensor, digital sensor or photographic film). Cameras have various mechanisms to control how the light falls onto the light-sensitive surface. Lenses focus the light entering the camera, and the aperture can be narrowed or widened. A Shutter (photography), shutter mechanism determines the amount of time the photosensitive surface is exposed to the light. The still image camera is the main instrument in the art of photography. Captured images may be reproduced later as part of the process of photography, digital imaging, or photographic printing. Similar artistic fields in the moving-image camera dom ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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