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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 (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 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 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.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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