Taking panoramic pictures
Use panorama to stitch up to 3 pictures into a panoramic scene. NOTE: For best results, use a tripod. Only the panoramic picture is saved; individual pictures are not. (Exposure and white balance are set with the first picture. The flash is set to Off.) 1 Turn the Mode dial to. 2 Press to highlight Panorama Left-Right or Panorama Right-Left (depending on the direction you want to pan), then press OK. 3 Take the first picture. After a quickview, the LCD displays the liveview and an overlay from the first picture. 4 Compose the second picture. Make the overlay from the first picture cover the same portion in the new picture. (You can press the Delete button to re-take a picture.) 5 If you are taking only 2 pictures, press OK to stitch them together. After you take 3 pictures, the pictures are automatically stitched together.

Take 2 or 3 pictures.

Get 1 panoramic picture.
NOTE: To use the self-timer 10-second or 2-second setting, see page 11. 12
Understanding the picture-taking icons
Self timer Exposure compensation Flash mode Capture mode
Pictures/time remaining Zoom slider

Tag name

Battery level
Working with pictures/videos
1 Press the Review 2 Press
Reviewing pictures/videos
button. for previous/next picture/video.
Press the Shutter button halfway down to return to Capture mode. To view pictures/videos as thumbnails, see page 16.

Magnifying a picture

1 Press T to magnify 1X8X. 2 Press picture.

to view other parts of a

Press OK to return to 1X.

Playing a video

Press OK to play a video. Press OK to pause/resume. During playback:
Playback speed 4X 2X 1X 2X Reverse 4X

Press Press Press

to adjust the volume. to play at 2X speed; press again for 4X. to reverse at 2X speed; press again for 4X.

Forward

Deleting pictures/videos
1 Press the Review 2 Press button. for previous/next picture/video. button.

3 Press the Delete

4 Follow the screen prompts. NOTE: To delete protected pictures/videos, remove protection before deleting. (See Protecting pictures/videos from deletion.)
Using the undo delete feature
If you accidentally delete a picture, you may be able to use Undo Delete to retrieve it. This feature is only available immediately after you delete a picture.
Protecting pictures/videos from deletion

3 Press the Menu

4 Press to highlight Protect, then press OK. The picture/video is protected and cannot be deleted. The Protect icon appears with the protected picture/video. Press the Shutter button halfway down to return to Capture mode. IMPORTANT: Your camera offers a built-in Help system. See page 40. CAUTION: Formatting internal memory or an SD or SDHC Card deletes all (including protected) pictures/videos. (Formatting internal memory also deletes email addresses and tag names. To restore them, see EASYSHARE Software Help.)

Using the menu button in review
To use the Menu button in review: 1 Press the Review 2 Press

button, then the Menu

button.

to highlight a tab:

Review to view and share pictures/videos Edit to edit pictures/videos Setup to control how your camera operates to highlight a setting, then press OK.

3 Press

4 Highlight an option, then press OK. IMPORTANT: Your camera offers a built-in Help system. See page 40.

Cropping pictures

You can crop a picture so that only the desired portion of the picture remains. 1 Press the Review picture to crop.

Picture

button, then

to find a

Cropped picture
2 Press the Menu button, then to highlight the Edit tab. Highlight Crop, then press OK. to move the crop box. Press OK.
3 Press Telephoto (T) to zoom in, or
4 Follow the screen prompts. The picture is cropped. (The original is saved.) Cropped pictures cannot be cropped again on the camera. Press the Shutter button halfway down to return to Capture mode. IMPORTANT: Your camera offers a built-in Help system. See page 40.
Using KODAK PERFECT TOUCH Technology
KODAK PERFECT TOUCH Technology helps ensure better, brighter pictures. PERFECT TOUCH Technology is automatically applied to pictures taken in Smart Capture mode. (You cannot apply PERFECT TOUCH Technology to videos, panoramic pictures, or pictures to which PERFECT TOUCH Technology is already applied.) 1 Press the Review button, then for previous/next picture. 2 Press the Menu button, then to highlight the Edit tab. Highlight PERFECT TOUCH Tech, then press OK. The enhancement is previewed. Press to view other parts of the picture. 3 Press OK. Follow the screen prompts to replace the original picture or to save the enhanced picture as a new one.
Press the Shutter button halfway down to return to Capture mode.

Copying pictures/videos

You can copy pictures/videos from a card to internal memory or from internal memory to a card. Copy pictures/videos: 1 Press the Review 2 Press the Menu button. button, then to highlight the Review tab.
3 Press to highlight Copy, then press OK. Highlight a choice, then press OK. NOTE: Pictures/videos are copied, not moved. To remove pictures/videos from the original location after copying, delete them (see page 15). IMPORTANT: Your camera offers a built-in Help system. See page 40.

Editing videos

You can do incredible things with your videos!
Making a picture from a video
You can choose a single frame from a video, then make a picture suitable for a 4 x 6-inch (10 x 15 cm) print. 1 Press the Review video.

2 Press the Menu button, then to highlight the Edit tab. Highlight Make Picture, then press OK.
3 Follow the screen prompts. A picture is created. (The original video is saved.) Press the Shutter button halfway down to return to Capture mode. IMPORTANT: Your camera offers a built-in Help system. See page 40.

Trimming a video

You can remove an unwanted start or end from a video, saving only the desired portion. 1 Press the Review video. button, then to find a

Trimmed video

2 Press the Menu button, then to highlight the Edit tab. Highlight Trim, then press OK.
3 Follow the screen prompts. The video is trimmed. (You can save it as a new video or replace the original.) Press the Shutter button halfway down to return to Capture mode. IMPORTANT: Your camera offers a built-in Help system. See page 40.
Making a video action print
From a video, you can make a 9-up picture, suitable for a 4 x 6-inch (10 x 15 cm) print. 1 Press the Review video.

9-up picture

2 Press the Menu button, then to highlight the Edit tab. Highlight Action Print, then press OK. 3 Highlight an option, then press OK. AutoThe camera includes the first and last frames, then 7 equally spaced frames.
ManualChoose the first and last frames; the camera chooses 7 frames. A 9-up picture is created. Press the Shutter button halfway down to return to Capture mode. IMPORTANT: Your camera offers a built-in Help system. See page 40.
Understanding the review icons
Print tag/number of prints Protected Email tag Picture/Video number
Video duration Select picture Add text tag View multi-up Play video Upload tag Favorite tag Text tag name

2 Press

Using the Menu button
You can change settings to get the best results from your camera. 1 Press the Menu to highlight a tab:
Capture/Video for the most common picture/video-taking settings Setup for other camera settings to highlight a setting, then press OK.
4 Highlight an option, then press OK. NOTE: Some modes offer limited settings. Some settings remain until you change them; others, until you change modes or turn off the camera.

Using the Capture tab

Press Menu, , then Capture Options , and OK to access IMPORTANT: Your camera offers a built-in Help system. settings See page 40.
Exposure Compensation Make a picture lighter or darker. (Available in Program and Panorama modes.) To use a shortcut, see page 10. Picture Size Choose a picture resolution. Burst Take up to 3 pictures in quick succession. (Burst is not available in Panorama mode.) 0.0, +/-0.3, +/-0.7, +/-1.0, +/-1.3, +/-1.7, +/-2.0
See Camera specifications, page 46. Off Onpress the Shutter button halfway to focus and set exposure. Press the Shutter button completely down and hold it to take pictures.

Self-timer Take a picture/video after a delay, or take 2 pictures. (Also see page 11.) Focus Mode Select a large or concentrated area of focus. 10 seconds 2 seconds 2-shot Autofor general picture-taking. Macrofor sharpness and detail in pictures at close range. Use available light instead of flash, if possible. The camera automatically sets the focus distance depending on the zoom position. Infinityfor distant subjects; auto-focus framing marks are unavailable. None 0.5, 1.0, 2.0, 4.0, 8.0 seconds High Color Natural Color Low Color Black & White Sepia
Long Time Exposure Choose how long the shutter stays open. Color Mode Choose color tones. Unavailable in Video mode.
NOTE: EASYSHARE Software also lets you change a color picture to black-and-white or sepia.
AF Control (Still) Continuous AFbecause the camera is always focusing, Choose an auto-focus setting. there is no need to press the Shutter button halfway down to focus. Single AFuses TTL-AF (through-the-lens auto focus) when the Shutter button is pressed halfway down.
White Balance Choose your lighting condition. (Available only in Program and Panorama modes.) Autoautomatically corrects white balance. Ideal for general picture taking. Daylightfor pictures in natural lighting. Tungstencorrects the orange cast of incandescent light bulbs. Ideal for indoor pictures under tungsten or halogen lighting without flash. Fluorescentcorrects the green cast of fluorescent lighting. Ideal for indoor pictures under fluorescent lighting without flash. Open Shadefor pictures in shade in natural lighting. Onin SCN modes designed for pictures of people, the camera attempts to focus on faces. Off
Face Detect Capture Choose if faces get focus priority.
NOTE: Not available in Smart Capture mode (because face detection is always on).
Exposure Metering Multi-Patternevaluates lighting conditions throughout Evaluate light levels at specific the image to give an optimum picture exposure. Ideal for areas of a scene. general picture taking. Center-Weightevaluates the lighting conditions of the subject centered in the lens. Ideal for backlit subjects. Center-Spotsimilar to Center-weight, except the metering is concentrated on a smaller area of the subject centered in the LCD. AF Zone Multi-Zoneevaluates 5 zones to give an even picture Select a large or concentrated focus. Ideal for general picture taking. area of focus. Center-Zoneevaluates the small area centered in the lens. Ideal when you need precise focus.
ISO Speed Control the sensitivity of the camera sensor. Sharpness Control picture sharpness. See Camera specifications, page 46.

Sharp Normal Soft

Video settings Press Menu, , Video Options , and OK to access IMPORTANT: Your camera offers a built-in Help system. settings See page 40.
Video Size Choose a video resolution. Self-timer Take a picture/video after a delay, or take 2 pictures. (Also see page 11.) Focus Mode Select a large or concentrated area of focus. 640 x 480 @ 30 fps (VGA) 320 x 240 @ 30 fps (QVGA) 10 seconds 2 seconds 2-shot Autofor general video-taking. TBD Macrofor close range. TBD Infinityfor distant subjects. TBD

Video Blur Reduction On Reduce blur caused by camera Off shake or subject motion.

Using the Setup tab

Press Menu, Setup, then access settings to highlight and OK to Setup Options IMPORTANT: Your camera offers a built-in Help system. See page 40.
Favorite and Uploadpictures/videos are tagged as Favorites and uploaded to your preferred online service when you connect to your computer or network. Favoritepictures/videos are tagged as Favorites (5-star in EASYSHARE Software, on your computer). Uploadpictures/videos are uploaded to your preferred online service when you connect to your computer or network. Power SaveLower LCD brightness; conserves power. High PowerHigher LCD brightness; uses more power. Autothe camera uses the card if one is in the camera. If not, the camera uses internal memory. Internal Memorythe camera always uses internal memory, even if a card is installed. New Tagcreate a tag. Delete Tagdelete a tag. Clear Allcancel selected tags.
Share button Choose how pictures/videos are handled when you press the Share button (via EASYSHARE Software for WINDOWS-OS only).
NOTE: Some online services limit video file sizes. Use EASYSHARE Software or choose a preferred online service.
LCD Brightness Choose LCD brightness.
Image Storage Choose a storage location for pictures/videos. Set Tag Create tag names and assign them to pictures/videos. See page 36.
Red Eye Reduction Preflashred eye preflash fires before the Choose how you want to reduce red eye. picture is taken. Digital Correctionred eye preflash does not fire; the camera corrects red eye.
Press Menu, Setup, then access settings

to highlight and OK to

Setup Options IMPORTANT: Your camera offers a built-in Help system. See page 40.
On Off On Off Onthe camera rotates pictures so that all appear in the same orientation on the camera. Offpictures are not rotated. Power On Focus Lock Shutter Error Self-timer Sound Volume (High, Medium, Low, Mute) Set date and time. NTSCused in North America and Japan; most common format. PALused in Europe and China. Choose your language.
Quickview Briefly display a picture after it is taken. Digital Zoom Turn digital zoom on/off. Orientation Sensor Orient pictures/videos so that they are displayed with the correct side up. Camera Sounds Choose sound effects, volume.
Date & Time Video Out Choose the regional setting that lets you connect the camera to a television or other external device. Language Reset Camera Reset settings to their default.

Purchase cables, accessories www.kodak.com/go/m381accessories
Disconnecting the camera from a KODAK All-in-One Printer 1 Turn off the camera and printer. 2 Disconnect the USB cable from the camera and the printer.
Using a printer that is not PICTBRIDGE enabled
After you transfer pictures from the camera to your computer, you can print them from EASYSHARE Software. For details, see Help in EASYSHARE Software.

Ordering prints online

KODAK Gallery (www.kodakgallery.com) is one of the many online print services offered in EASYSHARE Software. You can easily:
Upload your pictures. Edit, enhance, and add borders to your pictures. Store pictures, and share them with family and friends. Have prints, photo greeting cards, frames, and albums delivered to your door.
Printing from an optional SD or SDHC Card
Automatically print tagged pictures when you insert your card into a printer with an SD/SDHC Card slot. See your printer users guide for details. Make prints at an SD/SDHC Card-capable KODAK Picture Kiosk. (Contact a location prior to visiting. Visit www.kodak.com/go/picturemaker.) Take the card to your local photo retailer for professional printing.
Tagging/marking your pictures
You can tag/mark your pictures so they are easy to:
Print Email Organize with a favorite tag Organize with a tag name that you create
Marking pictures for printing
1 Press the Review 2 Press the Menu 3 Press button. Press button. Press to locate a picture. to highlight Print, then press OK.
to select the number of copies.
4 Optional: You can apply a print quantity to other pictures. Press for previous/next. Keep the print quantity as is, or press to change it. Repeat this step until the desired print quantity is applied to the pictures. 5 Press OK. The Print icon appears in the status area. Press the Shutter button halfway down to return to Capture mode. IMPORTANT: Your camera offers a built-in Help system. See page 40. Printing marked pictures When you transfer the marked pictures to your computer, the EASYSHARE Software print screen opens. For details on printing, see Help in EASYSHARE Software.
Marking pictures/videos for emailing
Its simple to mark pictures so that theyre ready to email using KODAK EASYSHARE Software. First, create a new email address. (See Add a new email address or tag name.) 1 Press the Review 2 Press 3 Press button. Press to locate a picture, then press OK. to highlight Email, then press OK. to locate an email address, then press OK.

4 To mark other pictures/videos with the same address, scroll through them. When the picture you want is displayed, press OK. 5 To send the pictures/videos to more than one address, repeat step 3.
To remove a selection, highlight a checked address and press OK. To remove all email selections, highlight Clear All, then press OK.
Press the Shutter button halfway down to return to Capture mode. The Email icon appears in the status area. When you transfer the marked pictures/videos to your computer, EASYSHARE Software prompts you to send the pictures/videos. For details, see Help in EASYSHARE Software.
Add a new email address or tag name
1 Press the Review 2 Press 3 Press button, then the Menu button. to highlight Email or Tag, then press OK. to highlight New Email or New Tag, then press OK.
4 Use the on-camera keyboard, then press OK. The email address/tag name is now available.
Assigning the favorite mark to pictures/videos
To make your favorite pictures/videos easier to locate in EASYSHARE Software, you can assign the favorite mark. 1 Press the Review button, then locate a picture/video. 2 Press the Share button. The favorite mark appears with the picture. When you transfer the marked pictures/videos to your computer, EASYSHARE Software opens and categorizes your pictures/videos with a 5-star rating. (To configure the Share button in different ways, see page 29.)
Assigning text tags to pictures/videos
First, create a new tag name. (See page 37.) 1 Press the Review 2 Press the Menu button, then locate a picture/video. button.
3 Highlight Tag, then press OK. 4 Highlight a tag name, then press OK. 5 To assign the tag to other pictures, press to locate a picture, then press OK. The tag name appears with the picture. A plus (+) means the picture has more than one tag assigned. To remove a selection, highlight a tag name and press OK. To remove all tagged selections, highlight Clear All, then press OK. When you transfer the tagged pictures/videos to your computer, EASYSHARE Software opens and categorizes your pictures/videos with the appropriate tag. IMPORTANT: Your camera offers a built-in Help system. See page 40.
Assigning a tag to pictures/videos you take next
Use the Set Tag feature to assign a tag name to the next pictures/videos you take. First, create a new tag name. (See page 37.) 1 Press the Menu button. 2 Highlight the Setup tab. 3 Highlight Set Tag, then press OK. 4 Highlight a tag name, then press OK. The selected tag is displayed on the LCD. The tag is applied to new pictures/videos. Press the Shutter button halfway down to return to Capture mode. When you transfer the tagged pictures/videos to your computer, EASYSHARE Software opens and categorizes your pictures/videos with the appropriate tag. IMPORTANT: Your camera offers a built-in Help system. See page 40.

Getting help

Getting help from your camera
You want the most from your camera. You want to understand: What it can do for you And how to take the best possible pictures and videos

Great news!

Your camera offers a built-in Help system. It describes every setting for every menu choice. If you learn nothing else about your camera, learn how to use on-camera Help. Because the more you know your camera, the more confident you become!

Turning on camera Help

1 Press the Menu button, then highlight a menu choice. 2 Press the Info button.
Scroll through a Help topic

Getting help on the Web

Camera
Email, write, phone, or chat with Kodak (Chat is not available in all languages.) Get support for your product (FAQs, troubleshooting information, arrange for repairs, etc.) Purchase camera accessories (lenses, cards, etc.) Download the latest camera firmware and software See online demonstrations of your camera Register your camera www.kodak.com/go/contact www.kodak.com/go/m381support www.kodak.com/go/m381accessories www.kodak.com/go/m381downloads www.kodak.com/go/howto www.kodak.com/go/register

Software

Get information on EASYSHARE Software www.kodak.com/go/easysharesw (or see Help in EASYSHARE Software) Get help with the WINDOWS OS and working with www.kodak.com/go/pcbasics digital pictures
Get support for cameras, software, accessories, more www.kodak.com/go/support Get information on KODAK Inkjet Products www.kodak.com/go/inkjet Optimize your printer for truer, more vibrant colors www.kodak.com/go/onetouch

Troubleshooting

Camera problems
Status Camera does not turn on/off Camera buttons and controls do not function In Review, a blue or black screen is displayed instead of a picture
Transfer all pictures to the computer (see page 32). Take another picture.

Solution

Make sure the battery is charged and installed correctly (see

page 1).

Pictures remaining Continue taking pictures. The camera is operating normally. number does not (The camera estimates the number of pictures remaining after each decrease after taking a picture is taken, based on picture size and content.) picture Flash does not fire
Check the flash setting, and change as needed (see page 7).
NOTE: The flash does not fire in all modes.
Memory card is almost Transfer the pictures to the computer (see page 32). or entirely full Delete pictures from the card (see page 15) or insert a new card. The battery does not charge using USB charging Battery life is short
See page 2 or visit www.kodak.com/go/USBcharging. Insert a new battery (see page 1). Make sure the correct battery type is installed (see page 50). Wipe the contacts with a clean, dry cloth before inserting a

Direct printing (PICTBRIDGE enabled Printer) problems
Status Cannot find the desired picture Solution
Use the Direct printing menu to change the image storage location

(see page 34).

The Direct printing Press any camera button to redisplay the menu. menu interface turns off Cannot print pictures Camera or printer display an error message
Make sure there is a connection between the camera and the printer
Make sure the printer and the camera have power. Follow the prompts to resolve the issue.

Appendix

Camera specifications
CCD1/2.33-type Effective pixels12.4 MP, 4096 x 3016 LCD7.6 cm (3.0 in.) LCD; 230K pixels Image storageOptional SD/SDHC Card (The SD logo is a trademark of the SD Card Association.) Maximum supported card size: 32 GB Internal storage capacity32 MB internal memory (17 MB available for image storage. 1 MB equals one million bytes.) Taking lens5X optical zoom; f/3.0f/4.8; 35 mm equivalent: 35175 mm Lens protectionBuilt-in Digital zoom5X continuous Focus systemTTL-AF (through-the-lens auto focus); Auto: Multi-Zone, Center-Zone. Working range: 60 cm (23.6 in.)infinity @ wide, normal 90 cm (35.4 in.)infinity @ telephoto, normal 1070 cm (3.927.6 in.) @ wide, Macro mode 80100 cm (31.539.4 in.) @ telephoto, Macro mode 10 m (32.8 ft)infinity @ wide, Landscape mode Auto focus controlStill: Continuous, Single AF; Video: Single AF Face detectionUp to 5 faces Shutter speed81/1400 seconds; long time exposure 0.58 seconds ISO speedAuto (in Smart Capture): 801600; Auto (in P mode): 80400; Manual: 80, 100, 200, 400, 800, 1600 Exposure meteringTTL-AE; Multi-Pattern, Center-Weight, Center-Spot 46
Exposure compensation+/-2.0 EV with 1/3 EV step White BalanceAuto, Daylight, Tungsten, Fluorescent, Open Shade Electronic FlashAuto flash; Auto, Fill, Red Eye, Off; Guide No.6.3; working range @ ISO 200: 0.63.0 m (29.8 ft) @ wide; 0.91.9 m (36.2 ft) @ telephoto Burst modeMaximum 3 pictures @ 2 fps; Auto Exposure, Auto Focus, Auto White Balance executed for first shot only Capture modesSmart Capture, Program, Scene modes, Video, Sport, Blur Reduction, Panorama Image file format Still: EXIF 2.21 (JPEG compression); file organization DCF Video: QUICKTIME (CODEC Motion JPEG; audio: G.711) Picture size11.8 MP (4:3): 3968 x 2976 pixels 10.5 MP (3:2): 3968 x 2640 pixels 8.8 MP (16:9): 3968 x 2224 pixels 6.2 MP (4:3): 2880 x 2160 pixels 3.1 MP (4:3): 2048 x 1536 pixels 2.2 MP (3:2): 1824 x 1216 pixels 2.1 MP (16:9): 1920 x 1088 pixels 1.2 MP (4:3): 1280 x 960 pixels Color modesHigh Color, Natural Color, Low Color, Black & White, Sepia Sharpness modesSharp, Normal, Soft Video capture4 GB maximum VGA (640 x 480 @ 30 fps) QVGA (320 x 240 @ 30 fps) Video blur reductionYes Communication with computerUSB 2.0 high speed (PIMA 15740 protocol); via USB cable model U-8

Video outputNTSC or PAL MicrophoneYes SpeakerYes PICTBRIDGE supportYes PowerKODAK Li-Ion Rechargeable Digital Camera Battery KLIC-7003 (1050 mAh); 5V AC adapter; USB charging Tripod mount1/4 inch Size100.9 x 59.5 x 20 mm (4.0 x 2.3 x 0.8 in.) @ power off WeightTBD g (TBD oz) without card or battery Operating temperature040 C (32104 F)

Care and maintenance

If you suspect water has gotten inside the camera, remove the battery and card. Allow all components to air-dry for at least 24 hours before using the camera. Blow gently on the lens or LCD to remove dust and dirt. Wipe gently with a soft, lint-free cloth or an untreated lens-cleaning tissue. Do not use cleaning solutions unless designed specifically for camera lenses. Do not allow chemicals, such as suntan lotion, to contact painted surfaces. Service agreements may be available in your country. Contact a dealer of KODAK Products for more information. For digital camera disposal or recycling information, contact your local authorities. In the US, visit the Electronics Industry Alliance at www.eiae.org or www.kodak.com/go/m381support.
Upgrading your software and firmware
Download the latest versions of the software included on the KODAK EASYSHARE Software CD and the camera firmware (the software that runs on the camera). Visit www.kodak.com/go/m381downloads. 48

Storage capacities

The LCD displays the approximate number of pictures (or minutes/seconds of video) remaining. For average SD Card capacities, visit www.kodak.com/go/SDcapacities. Actual storage capacity varies depending on subject composition, card size, and other factors. You may be able to store more or fewer pictures and videos. Favorites take up additional space in internal memory.
Important safety instructions
CAUTION: Do not disassemble this product; there are no user-serviceable parts inside. Refer servicing to qualified service personnel. KODAK AC Adapters and Battery Chargers are intended for indoor use only. The use of controls, adjustments, or procedures other than those specified herein may result in exposure to shock and/or electrical or mechanical hazards. If the LCD breaks, do not touch the glass or liquid. Contact Kodak customer support.
The use of an accessory that is not recommended by Kodak may cause fire, electric shock, or injury. For approved accessories, see www.kodak/go/accessories. Use only a USB-certified computer equipped with a current-limiting motherboard. Contact your computer manufacturer if you have questions. If using this product in an airplane, observe all instructions of the airline. When removing the battery, allow it to cool; it may be hot. Follow all warnings and instructions supplied by the battery manufacturer. Use only batteries approved for this product to avoid risk of explosion. Keep batteries out of the reach of children. Do not allow batteries to touch metal objects, including coins. Otherwise, a battery may short circuit, discharge energy, become hot, or leak. Do not disassemble, install backward, or expose batteries to liquid, moisture, fire, or extreme temperature. 49

In Europe: For human/environmental protection, it is your responsibility to dispose of this equipment and batteries at a collection facility established for this purpose (separate from municipal waste.) For more information, contact your retailer, collection facility, or appropriate local authorities; or visit www.kodak.com/go/recycle. Product weight TBD g (TBD oz).

Australian C-Tick

Korean Class B ITE

VCCI Class B ITE

Russian GOST-R
Eastman Kodak Company Rochester, NY 14650

China RoHS

Canadian DOC statement
DOC Class B ComplianceThis Class B digital apparatus complies with Canadian ICES-003. Observation des normes-Classe BCet appareil numrique de la classe B est conforme la norme NMB-003 du Canada.
Hereby, Eastman Kodak Company declares that this KODAK Product is in compliance with the essential requirements and other relevant provisions of Directive 1999/5/E.
camera sounds, 30 Canadian compliance, 55 care and maintenance, 48 charging the battery, 2 children, 9 clock, setting, 3 color mode, 26 computer connecting camera, 32 transfer to, 32 connector, USB / A/V, 18, 33 copy pictures card to memory, 21 memory to card, 21 to computer via USB cable, 32 cropping pictures, 20 customize camera, 29 D date setting, 3 deleting during quickview, 6 from internal memory, 15 from SD/SDHC Card, 15 protecting pictures, videos, 15 digital zoom, 30 displaying slide show, 17 disposal, recycling, 48 downloading pictures, 32 E EASYSHARE Software, 32
A A/V out, 18 about this camera, 31 accessories, 33 battery, 50 buying, 41 SD/SDHC Card, 4 AF control (video), 26 AF zone, 27 auto, 8 enhancement, 20 focus control, 26, 27 focus framing marks, 5 auto focus (AF) zone, 27 B backlight, 9 battery charging, 2 expected life, 50 loading, 1 types, 50 beach, 9 button delete, 6 telephoto/zoom, 6 C cable audio/video, 18 USB, 33 56
edit videos, 21 emailing pictures, videos, 37 expected battery life, 50 exposure long time, 26, 29 metering, 27 exposure compensation, 25 exposure metering, 27 external video device viewing pictures, videos, 18 F face detect capture, 27 favorites tagging, 38 FCC compliance, 53 fireworks, 9 firmware, upgrading, 48 flash, using, 7 flower, 9 focus framing marks, 5 focus mode, 26, 28 format, 31 framing marks, 5 G guidelines, battery, 50 H help camera help, 40 Web links, 40 I icons, modes, 8 image storage, 29
installing battery, 1 SD/SDHC Card, 4 software, 32 ISO speed, 28 K KODAK EASYSHARE Software installing, 32 upgrading, 48 KODAK PERFECT TOUCH Technology, 20 Kodak Web sites, 40 L language, 30 LCD brightness, 29 reviewing pictures, 14 reviewing videos, 14 LCD brightness, 29 lens cleaning lens, 48 loading battery, 1 SD/SDHC Card, 4 software, 32 long time exposure, 26, 29 M MAC OS, installing software, 32 magnify a picture, 14 maintenance, camera, 48 make picture from video, 21 manner/museum, 9 57

video size, 28 viewing by multi-up, 16 picture, after taking, 6, 14 W warranty, 51 white balance, 27 WINDOWS OS, installing software, 32 Z zoom optical, 6

UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. Before the Honorable Robert K. Rogers, Jr. Administrative Law Judge In the Matter of: CERTAIN DIGITAL IMAGING DEVICES AND RELATED SOFTWARE RESPONDENT EASTMAN KODAK COMPANYS RESPONSE TO THE COMPLAINT OF APPLE INC., f/k/a APPLE C O M P U T E R , I N C. UNDER SECTION 337 OF THE TARIFF ACT OF 1930, AS AMENDED AND NOTICE OF INVESTIGATION COMPLAINANT Apple Inc., f/k/a Apple Computer, Inc. 1 Infinite Loop Cupertino, CA 95014 Telephone: (408) 996-1010 COUNSEL FOR COMPLAINANT Brian E. Ferguson Anish R. Desai Patricia E. Chow Patrick J. McCarthy WElL, GOTSHAL & MANGES LLP 1300 Eye Street, N.W., Suite 900 Washington, DC 20005 Telephone: (202) 682-7000 Facsimile: (202) 857-0940 Matthew D. Powers WElL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3000 Facsimile: (650) 802-3100 RESPONDENT Eastman Kodak Company 343 State Street Rochester, NY 14650 Telephone: (800) 698-3324 COUNSEL FOR RESPONDENTS Michael J. Abernathy Alan L. Barry Jason A. Engel K&L Gates LLP 70 West Madison Street, Suite 3100 Chicago, IL 60602 Tel: (312) 372-1121 Fax: (312) 287-8000 Michael J. Bettinger Rachel R. Davidson K&L Gates LLP Four Embarcadero Center, Suite 1200 San Francisco, CA Tel: (415) 882-8200 Fax: (415) 882-8220 Eric C. Rusnak K&L Gates LLP 1601 K Street, NW Washington, DC 20006 Tel : (202) 778-9000 Fax: (202) 778-9100 Investigation No. 337-TA-717
UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. Before the Honorable Robert K. Rogers, Jr. Administrative Law Judge In the Matter of: CERTAIN DIGITAL IMAGING DEVICES AND RELATED SOFTWARE RESPONDENT EASTMAN KODAK COMPANYS RESPONSE TO THE COMPLAINT OF APPLE INC., f/k/a APPLE C O M P U T E R , I N C. UNDER SECTION 337 OF THE TARIFF ACT OF 1930, AS AMENDED AND NOTICE OF INVESTIGATION Respondent Eastman Kodak Company (Kodak) submits the following Response to Complainant Apple Inc., f/k/a Apple Computer, Inc.s (Apple) April 15, 2010 Complaint under Section 337 of the Tariff Act of 1930, as amended and to the Notice of Investigation. RESPONSE TO THE COMPLAINT I. INTRODUCTION Investigation No. 337-TA-717
1. Apple Inc. (Apple or Complainant) is a leading designer and manufacturer of personal computers, portable digital media players, and mobile communications devices. Apples personal digital media and communications products, such as the iPhone, the iPod line of digital media players, and the iPad, are groundbreaking products that revolutionized their respective industries, enjoy enormous commercial success and popular acclaim, and continue to lead their fields in innovation, performance, and ease of use. Apples product portfolio also includes its industry leading line of Macintosh (or Mac) desktop and notebook computers, including the iMac and MacBook products such as the MacBook Pro and ultra-light MacBook Air, and its portfolio of software, such as the Mac OS X operating system that comes preinstalled on every Macintosh computer. Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 1 and therefore denies the allegations of paragraph 1. 2. Apples history of launching products that are technically innovative and commercially successful stems from its ongoing commitment to research and development (R&D). Throughout its history, Apple has made substantial investments in R&D in a wide variety of technical fields, including computer hardware and software, graphical and touch-based 1
user interfaces, digital media players, digital imaging, and personal communications. Substantially all of this R&D has been conducted by employees located at the company headquarters in Cupertino, California. Apples commitment to R&D has led to pioneering innovations that have laid the groundwork for, and are used extensively in, each of Apples product lines, including the iPhone, iPod, iPad, Macintosh computers, and Mac OS X software. Apple has been awarded patent protection for many of its innovations by the U.S. Patent and Trademark Office, and Apple continues to seek and obtain patent protection for its recent and ongoing innovations, including innovations related to its groundbreaking iPhone and iPad products. Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 2 and therefore denies the allegations of paragraph 2. 3. Eastman Kodak Company (Kodak or Respondent) manufactures, imports, sells after importation, services, and repairs digital imaging devices and related software, including digital still and digital video cameras (collectively, the Accused Products). The Accused Products manufactured, imported, and sold by Kodak incorporate, without license, many technologies developed by Apple and protected by patents issued to and owned by Apple and its wholly-owned subsidiaries. Response: Kodak denies that it has engaged in any unlawful activities in violation of Section 337 through the importation into the United States, the sale for importation into the United States, and/or the sale within the United States after importation of any digital imaging devices or related software. Kodak denies all remaining allegations of paragraph 3.

Kodak from importing, selling, marketing, advertising, distributing, offering for sale, transporting (except for exportation), and soliciting U.S. agents or distributors for, infringing digital imaging devices and related software. Response: Kodak admits that Apples Complaint requests the remedies identified in paragraph 7. Kodak denies that Apple is entitled to any remedy under 19 U.S.C. 337, including a permanent limited exclusion order and a permanent cease and desist order. II. COMPLAINANT
8. Apple Inc. is a California corporation having its principal place of business at 1 Infinite Loop, Cupertino, California, 95014. Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 8 and therefore denies the allegations of paragraph 8. 9. As set forth above, Apple designs, develops, markets, sells, and distributes (i) the Mac line of desktop and notebook computers, such as the iMac, and MacBook products, such as the MacBook Pro and the ultra-light MacBook Air; (ii) a portfolio of software, such as the Mac OS X operating system that comes pre-installed on every Macintosh computer; (iii) the iPod line of mobile digital devices; (iv) the iPhone (including the iPhone 3G and the iPhone 3GS) and related accessories and services, including a complete software development kit (SDK) providing tools for programmers to create their own iPhone applications; (v) the iPad multimedia device; and (vi) a variety of related products, accessories, peripherals, and services, including warranty and customer support. Apple sells its products worldwide through its online stores, its own retail stores, its direct sales force, and third-party wholesalers, resellers, and value-added resellers. Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 9 and therefore denies the allegations of paragraph 9. 10. Apple researched and developed technology that is protected by the Asserted Patents. Apple has made and continues to make significant investments in the design and
development of products protected by the Asserted Patents. These products include the iPhone, Macintosh computers, and Mac OS X software products, among others. Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 10 and therefore denies the allegations of paragraph 10. 11. Apple uses the technologies covered by the Asserted Patents in the United States, as described in Section X below. In connection with the use of these technologies, Apple has made significant investments in the United States in facilities, equipment, labor, and capital, also as described in Section X below. Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 11 and therefore denies the allegations of paragraph 11. III. THE PROPOSED RESPONDENT

Kodak admits that Appendices A and B attached by Apple to the Complaint purport to be 4 copies of the certified prosecution histories for each of the Asserted patents. Kodak admits that Appendices C through D include references cited on the faces of the Asserted Patents. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 16 and therefore denies the remaining allegations of paragraph 16. B. Non-Technical Description of the 964 Patent
17. US. Patent No. 6,031,964, entitled System and Method for Using a Unified Memory Architecture to Implement a Digital Camera Device, issued on February 29, 2000, to inventor Eric C. Anderson. The 964 patent issued from U.S. Patent Application No. 08/666,241, filed on June 20, 1996, and expires June 20, 2016. Apple owns by assignment the entire right, title, and interest to and in the 964 patent. (Exhibit 3.) Response: Kodak admits that on its face, the 964 Patent is entitled System and Method for Using a Unified Memory Architecture to Implement a Digital Camera Device. Kodak admits that on its face the 964 Patent indicates that it was issued on February 29, 2000. Kodak admits that Eric C. Anderson is named as an inventor on the face of the 964 Patent. Kodak admits that on its face the 964 Patent indicates a U.S. Patent Application No. 08/666,241 that was filed on June 20, 1996. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 17 and therefore denies them. 18. claims. Response: Kodak admits that the 964 Patent contains four independent claims and twelve dependent claims. Kodak denies that any of those claims are valid or enforceable. The 964 patent has 16 claims: four independent claims and twelve dependent
19. The 964 patent relates generally to a digital camera device implemented using a unified memory architecture. The 964 patent discloses as an illustrative embodiment an imaging device for capturing raw image data and a computer for processing, compressing, and storing the multiple image data. A central processing unit allocates storage locations within a dynamic random-access memory depending on the requirements of the system and the current image data. The invention also includes a power management system to protect data stored in the devices memory if a power failure is detected. The invention finds particular applicability in todays digital cameras, which can routinely process multiple captured images simultaneously (for example, when the camera is set in a burst mode of image capture). Todays cameras also employ the 964 patents power management system to monitor battery capacity and provide the user with an alert (such as a visual or audio indication) that the battery is about to run out of power. This helps the user ensure that captured images are properly saved before the battery is completely drained. Response: Kodak denies the allegations of paragraph 19. C. Non-Technical Description of the RE 911 Patent

corresponding to the Asserted Patents that have been issued, abandoned, denied, or which remain pending. Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 23 and therefore denies the allegations of paragraph 23. E. 24. Licenses Confidential Exhibit 6 includes a list of licensed entities for the Asserted Patents.
Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 24 and therefore denies the allegations of paragraph 24. VI. UNLAWFUL AND UNFAIR ACTS OF RESPONDENT-PATENT INFRINGEMENT
25. On information and belief, Kodak manufactures abroad, sells for importation into the United States, imports into the United States, and/or sells within the United States after importation, digital imaging devices and related software that infringe one or more of the Asserted Patents. Response: Kodak denies the allegations of paragraph 25. 26. Kodak directly infringes and/or will infringe the Asserted Patents by making, using, selling, offering for sale, and importing the articles claimed by, or practicing the claimed methods of, the Asserted Patents. Moreover, Kodak is aware of the Asserted Patents, at least because Kodak was provided with a copy of this Complaint upon its filing. Kodak indirectly infringes the Asserted Patents, at least upon receipt of this Complaint, by contributing to and/or inducing the infringement of these patents by end users of its products. Response: Kodak admits it was provided with a copy of Apples Complaint. Kodak denies the remaining allegations of paragraph 26.

The 964 Patent

27. On information and belief, Kodaks digital cameras and digital video cameras infringe at least claims 1-3 and 5-[8] of the 964 patent. Additionally, on information and belief, Kodak is aware of the 964 patent. On information and belief, Kodak knowingly induces users of its digital cameras and digital video cameras to infringe at least claims 1-3 and 5-[8] of the 964 patent. Further, on information and belief, Kodak contributes to the infringement of at least claims 1-3 and 5-[8] of the 964 patent because Kodak knows that its digital cameras and digital video cameras are made for use in infringement of these claims and are not staple articles of commerce suitable for substantial noninfringing use. Exemplary claim charts comparing each asserted independent claim of the 964 patent to the representative Accused Z950 digital camera and the representative Accused Zx3 PLAYSPORT digital video camera are attached as Exhibit 7. Response: Kodak denies the allegations of paragraph 27. B. The RE 911 Patent

28. On information and belief, Kodaks digital cameras infringe at least claims 15-22, 27, 30-32, and 38-39 of the RE 911 patent. Additionally, on information and belief, Kodak is aware of the RE 911 patent. On information and belief, Kodak knowingly induces users of its digital cameras to infringe at least claims 15-22, 27, 30-32, and 38-39 of the RE 911 patent. Further, on information and belief, Kodak contributes to the infringement of at least claims 1522, 27,30-32, and 38-39 of the RE 911 patent because Kodak knows that its digital cameras are made for use in infringement of these claims and are not staple articles of commerce suitable for substantial noninfringing use. Exemplary claim charts comparing each asserted independent claim of the RE 911 patent to the representative Accused Z915 digital camera are attached as Exhibit 8. Response: Kodak denies the allegations of paragraph 28. VII. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE
29. Kodak, either itself or though subsidiaries or third parties acting on its behalf, is engaged in the manufacture, importation, sale for importation, offer for sale after importation, sale and/or use after importation into the United States of infringing digital imaging devices, including but not limited to digital cameras and digital video cameras manufactured, marketed, and/or sold by Kodak in the United States. Response: Kodak denies the allegations of paragraph 29. 11
30. The C142 digital camera is manufactured in China. (See Exhibit 13, photographs of a Kodak C142 (indicating the device is Made in China.)) The Kodak C142 is imported into the United States. For example, the photographed Kodak C142 was purchased from Kodak.com on March 24, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 44. Response: Kodak admits the C142 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 30 and therefore denies the allegations of paragraph 30. 31. The C180 digital camera is manufactured in China. (See Exhibit 14, photographs of a Kodak C180 (indicating the device is Made in China.)) The Kodak C180 is imported into the United States. For example, the photographed Kodak C180 was purchased from Kodak.com on March 24, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 44. Response: Kodak admits the C180 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 31 and therefore denies the allegations of paragraph 31. 32. The C182 digital camera is manufactured in China. (See Exhibit 15, photographs of a Kodak C182 (indicating the device is Made in China.)) The Kodak C182 is imported into the United States. For example, the photographed Kodak C182 was purchased from Buy.com on February 16, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 42. Response: Kodak admits the C182 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 32 and therefore denies the allegations of paragraph 32. 33. The C190 digital camera is manufactured in China. (See Exhibit 16, photographs of a Kodak C190 (indicating the device is Made in China.)) The Kodak C190 is imported into

the United States. For example, the photographed Kodak C190 was purchased from Kodak.com on March 24, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 44. Response: Kodak admits the C190 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 33 and therefore denies the allegations of paragraph 33. 34. The C913 digital camera is manufactured in China. (See Exhibit 17, photographs of a Kodak C913 (indicating the device is Made in China.)) The Kodak C913 is imported into the United States. For example, the photographed Kodak C913 was purchased from Buy.com on February 16, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 42. Response: Kodak admits the C913 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 34 and therefore denies the allegations of paragraph 34. 35. The M340 digital camera is manufactured in China. (See Exhibit 18, photographs of a Kodak M340 (indicating the device is Made in China.)) The Kodak M340 is imported into the United States. For example, the photographed Kodak M340 was purchased from Buy.com on February 16, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 42. Response: Kodak admits the M340 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 35 and therefore denies the allegations of paragraph 35. 36. The M341 digital camera is manufactured in China. (See Exhibit 19, photographs of a Kodak M341 (indicating the device is Made in China.)) The Kodak M341 is imported into the United States. For example, the photographed Kodak M341 was purchased from
Kodak.com on March 24, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 44. Response: Kodak admits the M341 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 36 and therefore denies the allegations of paragraph 36. 37. The M380 digital camera is manufactured in China. (See Exhibit 20, photographs of a Kodak M380 (indicating the device is Made in China.)) The Kodak M380 is imported into the United States. For example, the photographed Kodak M380 was purchased from Buy.com on February 16, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 42. Response: Kodak admits the M380 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 37 and therefore denies the allegations of paragraph 37. 38. The M381 digital camera is manufactured in China. (See Exhibit 21, photographs of a Kodak M381 (indicating the device is Made in China.)) The Kodak M381 is imported into the United States. For example, the photographed Kodak M381 was purchased from Buy.com on February 16, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 42. Response: Kodak admits the M381 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 38 and therefore denies the allegations of paragraph 38. 39. The M530 digital camera is manufactured in China. (See Exhibit 22, photographs of a Kodak M530 (indicating the device is Made in China.)) The Kodak M530 is imported into the United States. For example, the photographed Kodak M530 was purchased from BestBuy.com on March 25, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 39.

Response: Kodak admits the M530 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 39 and therefore denies the allegations of paragraph 39. 40. The M550 digital camera is manufactured in China. (See Exhibit 23, photographs of a Kodak M550 (indicating the device is Made in China.)) The Kodak M550 is imported into the United States. For example, the photographed Kodak M550 was purchased from BestBuy.com on March 25, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 39. Response: Kodak admits the M550 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 40 and therefore denies the allegations of paragraph 40. 41. The M1033 digital camera is manufactured in China. (See Exhibit 24, photographs of a Kodak M1033 (indicating the device is Made in China.)) The Kodak M1033 is imported into the United States. For example, the photographed Kodak M1033 was purchased from Amazon.com on March 25, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 38. Response: Kodak admits the M1033 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 41 and therefore denies the allegations of paragraph 41. 42. The M1093 IS digital camera is manufactured in China. (See Exhibit 25, photographs of a Kodak M1093 IS (indicating the device is Made in China.)) The Kodak M1093 IS is imported into the United States. For example, the photographed Kodak M1093 IS was purchased from Amazon.com/Outlet on March 2, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 43. Response:
Kodak admits the M1093 IS digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 42 and therefore denies the allegations of paragraph 42. 43. The Z915 digital camera is manufactured in China. (See Exhibit 26, photographs of a Kodak Z915 (indicating the device is Made in China.)) The Kodak Z915 is imported into the United States. For example, the photographed Kodak Z915 was purchased from Buy.com on February 16, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 42. The Kodak Z915 device, in its packaging, is submitted as Physical Exhibit 1. Response: Kodak admits the Z915 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 43 and therefore denies the allegations of paragraph 43. 44. The Z950 digital camera is manufactured in China. (See Exhibit 27, photographs of a Kodak Z950 (indicating the device is Made in China.)) The Kodak Z950 is imported into the United States. For example, the photographed Kodak Z950 was purchased from Buy.com on February 16, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 42. The Kodak Z950 device, in its packaging, is submitted as Physical Exhibit 2. Response: Kodak admits the Z950 digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 44 and therefore denies the allegations of paragraph 44. 45. The Z1085 IS digital camera is manufactured in China. (See Exhibit 28, photographs of a Kodak Z1085 IS (indicating the device is Made in China.)) The Kodak Z1085 IS is imported into the United States. For example, the photographed Kodak Z1085 IS was purchased from BigValueInc.com on March 2, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 40. Response:

Kodak admits the Z1085 IS digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 45 and therefore denies the allegations of paragraph 45. 46. The Z1485 IS digital camera is manufactured in China. (See Exhibit 29, photographs of a Kodak Z1485 IS (indicating the device is Made in China.)) The Kodak Z1485 IS is imported into the United States. For example, the photographed Kodak Z1485 IS was purchased from B&H Photo on March 26, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 41. Response: Kodak admits the Z1485 IS digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 46 and therefore denies the allegations of paragraph 46. 47. The SLICE digital camera is manufactured in China. (See Exhibit 30, photographs of a Kodak SLICE (indicating the device is Made in China.)) The Kodak SLICE is imported into the United States. For example, the photographed Kodak SLICE was purchased from Amazon.com February 25, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 36. Response: Kodak admits the SLICE digital camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 47 and therefore denies the allegations of paragraph 47. 48. The Zi6 video camera is manufactured in China. (See Exhibit 30, photographs of a Kodak Zi6 (indicating the device is Made in China.)) The Kodak Zi6 is imported into the United States. For example, the photographed Kodak Zi6 was purchased from Buy.com on February 16, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 42. Response:
Kodak admits the Zi6 video camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 48 and therefore denies the allegations of paragraph 48. 49. The Zi8 video camera is manufactured in China. (See Exhibit 32, photographs of a Kodak Zi8 (indicating the device is Made in China.)) The Kodak Zi8 is imported into the United States. For example, the photographed Kodak Zi8 was purchased from Arnazon.com on March 2, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 37. Response: Kodak admits the Zi8 video camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 49 and therefore denies the allegations of paragraph 49. 50. The Zx1 video camera is manufactured in China. (See Exhibit 33, photographs of a Kodak Zx1 (indicating the device is Made in China.)) The Kodak Zx1 is imported into the United States. For example, the photographed Kodak Zx1 was purchased from Buy.com on February 16, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 42. Response: Kodak admits the Zx1 video camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 50 and therefore denies the allegations of paragraph 50. 51. The Zx3 PLAYSPORT video camera is manufactured in China. (See Exhibit 34, photographs of a Kodak Zx3 PLAYSPORT (indicating the device is Made in China.)) The Kodak Zx3 PLAYSPORT is imported into the United States. For example, the photographed Kodak Zx3 PLAYSPORT was purchased from Amazon.com on February 25, 2010, and shipped to an address in Washington, DC. The receipt for this purchase is attached as Exhibit 35. The Kodak Zx3 PLAYSPORT device, in its packaging, is submitted as Physical Exhibit 3. Response:

Kodak admits the Zx3 PLAYSPORT video camera is made in China and imported into the United States. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 51 and therefore denies the allegations of paragraph 51. VIII. HARMONIZED TARIFF SCHEDULE ITEM NUMBERS 52. On information and belief, the Accused Products fall within at least the following classifications of the Harmonized Tariff Schedule (HTS) of the United States: 8521.90 and 8525.08. The HTS number is intended to be for illustration only and is not exclusive of the products accused of infringement by Apple. The HTS number is not intended to limit the scope of the investigation. Response: Kodak denies the allegations of paragraph 57 to the extent they are inconsistent with the facts set forth by Kodak in Section XI.D below. IX. RELATED LITIGATION A. Pending Litigation Between Apple and Kodak
53. On January 14, 2010, Kodak filed a complaint with the U.S. International Trade Commission seeking institution of an investigation under Section 337 and naming Apple, Research in Motion, Ltd., and Research in Motion Corporation as the proposed respondents. The patent at issue is U.S. Patent No. 6,292,218 (the 218 patent). The Commission instituted the investigation, which is now pending as Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof, Inv. No. 337-TA-703. Response: Admitted. 54. On January 14, 2010, Kodak filed two complaints for patent infringement against Apple in the U.S. District Court for the Western District of New York, one asserting infringement of the 218 patent and U.S. Patent No. 5,493,335 (case no. 6:10-cv-06021-MATJWF), and the other asserting infringement of three other Kodak patents (case no. 6:10-cv06022-MAT-JWF). These cases are currently pending. Response: Admitted. B. Litigation Relating to the Asserted Patents 19
55. Concurrently with the filing of this complaint, Apple will file a civil action in the U.S. District Court for the Northern District of California accusing Kodak of infringing the Asserted Patents. Response: Kodak admits that Apple filed a civil action in the U.S. District Court for the Northern District of California accusing Kodak of infringing the Asserted Patents. 56. None of the Asserted Patents have been the subject of any other foreign or domestic court or agency litigation. Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 56 and therefore denies the allegations of paragraph 56. X. THE DOMESTIC INDUSTRY

Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 66 and therefore denies the allegations of paragraph 66. B. Apples Practice of the Asserted Patents
67. Apple makes extensive use of the Asserted Patents in numerous different products. As noted above, Apple currently makes and sells the iPhone. This product practices at least the 964 patent. The allocation of R&D expenses and related items for this product is captured by the iPhone category in the accompanying Teksler Declaration. Apple also currently makes and sells Macintosh computers, including but not limited to the iMac and MacBook product lines, with pre-installed software including Mac OS v.10.6.2 Snow Leopard, iPhoto, Photo Booth, and other software. These products practice at least the RE 911 patent. The allocations of R&D expenses and related items for these products are captured by the sum of the Mac hardware, Mac OS X, and Apple software categories in the accompanying Teksler Declaration (Confidential Exhibit 10). Response: Kodak denies the allegations of paragraph 67. 68. An exemplary claim chart comparing Apples iPhone 3GS to a representative claim of the 964 patent is attached as Confidential Exhibit 11. Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 68 and therefore denies the allegations of paragraph 68.
69. An exemplary claim chart comparing Apples MacBook Pro running Mac OS X v.10.6.2 Snow Leopard and Photo Booth to a representative claim of the RE 911 patent is attached as Exhibit 12. Response: Kodak lacks information sufficient to form a belief as to the allegations of paragraph 69 and therefore denies the allegations of paragraph 69. 70. Exhibit 4. A sample iPhone 3GS is provided concurrently with this Complaint as Physical
Response: Kodak admits that the Complaint purports that a sample iPhone 3GS is provided concurrently with the Complaint as Physical Exhibit 4. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 70 and therefore denies them. 71. A sample of Mac OS X v.10.6.2 Snow Leopard and Apples iPhoto and Photo Booth software, in this case running on an Apple MacBook Pro laptop computer, are provided concurrently with this Complaint as Physical Exhibit 5. Response: Kodak admits that the Complaint purports that a sample of Mac OS X v.10.6.2 Snow Leopard and Apples iPhoto and Photo Booth software, are provided concurrently with the Complaint as Physical Exhibit 5. Kodak lacks information sufficient to form a belief as to the remaining allegations of paragraph 71 and therefore denies them. XI. ADDITIONAL INFORMATION PURSUANT TO 19 C.F.R. 210.13(B) A. Statistical Data On Quantity And Value Of Imports, Names And Addresses Of Kodak Suppliers

Statistical data on the quantity and value of imports and the names and addresses of Kodak Suppliers are attached as Confidential Appendix A.
Statement Concerning Kodaks Capacity To Produce The Subject Articles
Kodak does not manufacture the products at issue but rather relies on third parties to manufacture them. Kodak does not have the capacity to produce the Accused Products. C. The Relative Significance Of The United States Market For Kodaks Operations
Because many of the accused products have been sold in the United States, the United States market for digital cameras is significant to Kodak. The percentage of the market share for the accused products in the United States in 2009 that Kodak has the capacity to meet is not readily ascertainable as of the time that this Response was required to be filed. D. Harmonized Tariff Schedule Item Nos. For The Accused Imports
Kodaks accused products fall within item numbers 8525.80.40 and 8525.80.5020 of the Harmonized Tariff Schedule of the United States.
AFFIRMATIVE DEFENSES In addition to denying Complainants allegations as described above, Kodak asserts the following affirmative defenses. This Investigation is in its early stages and discovery has just opened. Accordingly, Kodak reserves the right to modify, supplement and amend these
affirmative defenses and reserves the right to assert additional defenses as this Investigation proceeds. By asserting an Affirmative Defense, Kodak in no way shifts any burden of proof on any issue onto itself not otherwise required by the law. First Affirmative Defense Invalidity of United States Patent No. 6,031,964 The Asserted Claims of United States Patent No. 6,031,964 (964 Patent) are invalid for failure to meet the conditions of patentability set forth in Title 35 of the United States code, including but not limited to 101, 102, 103, 112, 116 and/or 256.
The Asserted Claims of the RE 964 Patent are invalid under 35 U.S.C. 102 and/or 103 in view of at least the following prior art: U.S. Patent No. 4,577,344, U.S. Patent No. 4,606,066, U.S. Patent No. 4,645,326, U.S. Patent No. 4,816,862, U.S. Patent No. 4,855,779, U.S. Patent No. 5,016,107, U.S. Patent No. 5,079,585, U.S. Patent No. 5,262,868, U.S. Patent No. 5,392,447, U.S. Patent No. 5,402,170, U.S. Patent No. 5,404,463, U.S. Patent No. 5,442,747, U.S. Patent No. 5,475,441, U.S. Patent No. 5,585,845, U.S. Patent No. 5,696,212, U.S. Patent No. 5,696,912, U.S. Patent No. 5,734,425, U.S. Patent No. 5,778,419, U.S. Patent No. 5,806,072, U.S. Patent No. 5,893,158, the Apple QuickTake 150, Canadian patent document No. CA 2,100,700, European patent document No. EP 997, European patent document No. EP 579, European patent document No. EP 718, Japanese patent document No. JP 1905, Japanese patent document No. JP 7844, Japanese patent document No. JP 3771, Japanese patent document No. JP 6156, Japanese patent document No. JP 7593, Japanese patent document No. JP 5500, Japanese patent document No. JP 4318, Japanese patent document No. JP 9905, Japanese patent document No. JP 3140, Japanese patent document No. JP 4-271673, Japanese patent document No. JP 8-084312, Japanese patent document No. JP 8-149361, and/or the article entitled Software Pipelines in Image Processing, by W. Richard Stevens and B.R. Hunt, published September 28, 1981. Because this investigation is in its early stages and discovery has just opened, Kodak reserves the right to modify, supplement, amend, refine and expand its invalidity contentions as more information becomes available. Second Affirmative Defense Non-Infringement of the 964 Patent Kodak does not directly infringe, indirectly infringe, contribute to infringement or induce infringement of any valid and enforceable claim of the 964 Patent, either literally or under the

claim elements: a digital image capture device having an image processing backplane for forming an image processing chain with a plurality of image processors, the plurality of image processors being software modules stored in memory located within the digital image capture device, the image processors each performing a particular type of image processing on the digital image data; and a parametric control coupled to at least one of the two or more image processors, wherein the parametric control is accessible by a user of the digital capture device for modifying at least one of the two or more image processors. Because this investigation is in its early stages and discovery has just opened, Kodak reserves the right to modify, supplement, amend, refine and expand its non-infringement contentions.
Eighth Affirmative Defense No Domestic Industry Exists for the RE 911 Patent Complainant cannot satisfy the domestic industry requirement of 1337(a)(2-3) in connection with the Asserted Claims of the RE 911 Patent. Ninth Affirmative Defense Implied License to Practice the Asserted Claims of the RE 911 Patent On information and belief, after a reasonable opportunity for discovery, Kodak will show that it has an implied license to practice the claims of the RE 911 Patent. Tenth Affirmative Defense Estoppel (RE 911 Patent) On information and belief, after a reasonable opportunity for discovery, Kodak will show that the RE 911 Patent is unenforceable against Kodak by reason of estoppel.
RESPONSE TO NOTICE OF INVESTIGATION Responding to the May 14, 2010 Notice of Investigation published in the above-entitled investigation, the Scope of the Investigation set forth in the Notice of Investigation is congruent 31
with the allegations of the Complaint.
Accordingly, Kodak incorporates herein the above
averments, denials, affirmative defenses and information. CONCLUSION For the reasons set forth in the response to the Complaint, Kodak respectfully requests the Commission to: (a) determine that Kodak does not violate Section 337 of the Tariff Act of 1930 (as amended 19 U.S.C. 1337); (b) (c) (d) (e) (f) deny all relief requested in the Complaint; determine that each of the patents-in-suit is invalid; determine that Kodak does not infringe any of the patents-in-suit; determine that no domestic industry exists; and order that the investigation be terminated.

Dated: June 7, 2010

Respectfully submitted,
Eric C. Rusnak K&L Gates LLP 1601 K Street, NW Washington, DC 20006 Tel : (202) 778-9000 Fax: (202) 778-9100 Michael J. Abernathy Alan L. Barry Jason A. Engel K&L Gates LLP 70 West Madison Street, Suite 3100 Chicago, IL 60602 Tel: (312) 372-1121 Fax: (312) 287-8000
Michael J. Bettinger Rachel R. Davidson K&L Gates LLP Four Embarcadero Center, Suite 1200 San Francisco, CA Tel: (415) 882-8200 Fax: (415) 882-8220 Attorneys for Respondents Eastman Kodak Company