United States Federal Circuit

In an appeal from a final determination concerning civil penalties for violation of a cease and desist order which barred defendant from importing disposable cameras that infringed certain Fuji's patents, the court finds that: 1) Fuji lacked standing to bring its appeal; and 2) the cease and desist order and the findings of the International Trade Commission were proper, with the exception of a ruling that cameras in which full backs were replaced were impermissibly reconstructed. The matter is thus remanded to the Commission for a recalculation of the appropriate civil penalty for defendant.

Appellate Information

• Decided 01/11/2007
• Published 01/11/2007

Judges

• DYK, Circuit Judge., Before LOURIE, SCHALL, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Lawrence Rosenthal, Stroock & Stroock & Lavan, LLP, of New York, NY, argued for appellant Fuji Photo Film Co., Ltd. With him on the brief were Matthew W. Siegal and Angie M. Hankins., George W. Thompson, Neville Peterson LLP, of Washington, DC, argued for appellant Jack Benun.   With him on the brief were John M. Peterson and Michael T. Cone.


• For Appellees:
  
• Mark B. Rees, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee.   With him on the brief were James M. Lyons, Deputy General Counsel, Andrea C. Casson, Assistant General Counsel, and Jonathan Engler, Attorney.   Of counsel were Rodney G. Maze and Timothy P. Monaghan, Attorneys.