11-03-18 NY Governor Cuomo to ITC

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    STATE OF NEW YORKEXECUTIVE CHAMBER

    633 THIRD AVENUENEW YORK, NY 10017

    March 18,2011

    The Honorable Dearma Tarmer Okun, ChairmanThe Honorable Irving A. Williamson, Vice ChairmanThe Honorable Shara L. Aranoff, CommissionerThe Honorable Daniel R. Pearson, CommissionerThe Honorable Charlotte R. Lane, CommissionerThe Honorable Dean A. Pinkert, CommissionerUnited States International Trade Commission500 E Street, S.W.Washington, DC 20436Dear Madame Chairman, Mr. Vice Chairman, and Commissioners:

    I write to share my perspective on the current ITC claim brought by Eastman Kodak Companyagainst Apple and Research In Motion (RIM). I believe that it is in the best interest of sound tradepolicy and the fair protection of intellectual property for this claim to be reviewed by the fullCommission.

    Digital innovation at Eastman Kodak - which includes invention of the digital camera andother 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 againstApple and RIM issued a preliminary decision that contradicts a decision made less than a year ago byanother ALJ concerning the exact same Kodak patent.Given the value of Kodak innovation to the region's economy and the national economy, aswell as this discrepancy in ALJ decisions, I believe that it is of fundamental importance for Kodak'sclaim to be heard promptly and before the full Commission.Thank you for your consideration of my perspective on this matter.

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