STATE OF NEW YORK EXECUTIVE CHAMBER

633

THIRD AVENUE

NEW YORK, NY 10017

March 18,2011

The Honorable Dearma Tarmer Okun, Chairman The Honorable Irving A. Williamson, Vice Chairman The Honorable Shara L. Aranoff, Commissioner The Honorable Daniel R. Pearson, Commissioner The Honorable Charlotte R. Lane, Commissioner The Honorable Dean A. Pinkert, Commissioner United States International Trade Commission 500 E Street, S.W. Washington, DC 20436 Dear Madame Chairman, Mr. Vice Chairman, and Commissioners: I write to share my perspective on the current ITC claim brought by Eastman Kodak Company against Apple and Research In Motion (RIM). I believe that it is in the best interest of sound trade policy and the fair protection of intellectual property for this claim to be reviewed by the full Commission. Digital innovation at Eastman Kodak - which includes invention of the digital camera and other breakthrough technologies - has had a significant benefit for the economy in upstate New York, as well as for 7,100 Kodak employees and Kodak's 20,000 retirees who call New York home.

It is my understanding that the Administrative Law Judge (ALJ) in Kodak's ITC case against Apple and RIM issued a preliminary decision that contradicts a decision made less than a year ago by another ALJ concerning the exact same Kodak patent.
Given the value of Kodak innovation to the region's economy and the national economy, as well as this discrepancy in ALJ decisions, I believe that it is of fundamental importance for Kodak's claim to be heard promptly and before the full Commission. Thank you for your consideration of my perspective on this matter.

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