While it was perhaps inconsistencies in rulings between Administrative Law Judges that tipped the scales in Kodak's favor for review of its case, Kodak also enlisted the help of those in the political sphere. Over the past few weeks, letters from various New York State lawmakers were submitted to the International Trade Commission urging review of the case by the full commission. Andrew Cuomo, Chuck Schumer, Louise Slaughter, Kirstin Gillibrand and others weighed in with similar-sounding letters also touting the importance of Kodak to New York.
From Governor Cuomo's letter of March 18, 2011:
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.
Sincerely, Andrew M. Cuomo
Source: US ITC filings