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Case 1:04-cv—01373-KAJ Document 31-3 Filed 08/23/2005 Page1 0f3
ATTACHMENT 2

Case 1 :04-cv-01373-KAJ Document 31 -3 Filed 08/23/2005 Page 2 of 3
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C. 20436
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In the Matter of )
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CERTAIN DIGITAL IMAGE STORAGE AND ) Inv. N0. 337-TA-527
RETRIEVAL DEVICES )
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NOTICE OF COMMISSION DECISION NOT TO REVIEW AN INITIAL
DETERMINATION TERMINATING THE INVESTIGATION
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that the U.S. Intemational Trade Commission has
determined not to review the presiding administrative law judge’s ("ALJ’s") initial determination
("ID") terminating the above-captioned investigation in its entirety based upon withdrawal of the
complaint.
FOR FURTHER INFORMATION CONTACT: Clara Kuehn, Esq., Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
telephone (202) 205-3012. Copies of the ID and all other nonconfidential documents filed in
connection with this investigation are or will be available for inspection during official business
hours (8:45 a.m. to 5:l5 p.m.) in the Office of the Secretary, U.S. International Trade
Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone 202-205-2000. General
information concerning the Commission may also be obtained by accessing its Internet server
(htqys//www. usitc. gov). The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS-ON-LINE) at htqys//edis.usitc. gov. Hearing-impaired
persons are advised that information on this matter can be obtained by contacting the
Commission’s TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION:
The Commission instituted this investigation on November 29, 2004, based on a complaint
filed by Ampex Corporation of Redwood City, CA ("Ampex"). 69 Fed. Reg. 69390 (2004). The
notice of investigation named three respondents: Eastman Kodak Company of Rochester, NY;
Chinon Industries, Inc. of Chino City, Nagano, Japan; and Altek Corporation of Hsinchu, Taiwan
(collectively, “respondents"). Id. The complaint, as supplemented, alleges violations of section
337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation,
and the sale within the United States after importation of certain digital image storage and

Case 1 :04-cv-01373-KAJ Document 31 -3 Filed 08/23/2005 Page 3 of 3
retrieval devices by reason of infringement of claims 7, 8, 10-14, and 15 of U.S. Patent No.
4,821,121. Id.
On July 29, 2005, complainant A1npex moved to withdraw its complaint and to terminate
the investigation as to all named respondents. On August 1, 2005, the Commission investigative
attomey filed a response in support of the motion. On August 4, 2005, respondents Eastman
Kodak Company and Altek Corporation filed a response stating that they did not oppose the
motion. On August 5, 2005, the presiding ALJ issued an ID (Order No. 32) granting the motion.
No petitions for review of the ID were filed.
The authority for the Commission’s determination is contained in section 337 of the Tariff
Act of 1930, as amended (19 U.S.C. § 1337), and in section 210.42 ofthe Commission’s Rules of
Practice and Procedure (19 C.F.R. § 210.42).
By order of the Commission.
Marilyn R. Abbott
Secretary to the Commission
Issued: August 23, 2005
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