EXHIBIT 99.1
[GRAPHIC]
| Charles F. Schill |
1330 Connecticut Avenue, NW | |
| 202.429.8162 |
Washington, DC 20036-1795 | |
| cschill@steptoe.com |
Tel 202.429.3000 | |
| Fax 202.429.3902 | ||
| steptoe.com |
July 20, 2004
VIA MESSENGER
The Honorable Marilyn R. Abbott
Secretary
U. S. International Trade Commission
500 E Street, S.W.
Washington, DC 20436
Re: Inv. No. 337-TA- , In the Matter of Certain Digital Image
Storage and Retrieval Devices — Request to Withdraw Complaint
Dear Secretary Abbott:
On behalf of Complainant Ampex Corporation (“Ampex”) and pursuant to Commission Rule 210.10(a)(1)(iv) and 210.10(a)(5)(i), we respectfully request withdrawal without prejudice of the complaint filed by Ampex against Sanyo Electric Co., Ltd. (“Sanyo Electric”) on May 25, 2004, styled “In the Matter of Certain Digital Image Storage and Retrieval Devices.” This matter is currently pending institution before the Commission.
The aforementioned complaint alleges infringement of the claims of U.S. Patent No. 4,821,121 (“the ‘121 Patent”), a valid and enforceable United States patent owned by Ampex, by the unauthorized manufacture, importation into the United States, sale for importation, and/or sale within the United States after importation of certain digital image storage and retrieval devices by Sanyo Electric.
Recently, Ampex and Sanyo Electric have entered into licensing discussions with respect to digital still cameras and camera phones, alleged to infringe the ‘121 Patent, as set forth in the complaint, and have all intentions of resolving their differences in an amicable fashion. Therefore, at this time, Ampex no longer wishes to pursue the patent infringement claims alleged in the aforesaid complaint against Sanyo Electric. Accordingly, Ampex hereby withdraws its May 25, 2004 complaint against Sanyo Electric. Ampex will also soon seek dismissal without prejudice of the parallel district court action, presently pending before the United States District Court for the District of Delaware.
| WASHINGTON | PHOENIX | LOS ANGELES | LONDON | BRUSSELS |
[GRAPHIC]
The Honorable Marilyn Abbott
July 20, 2004
Page 2
Thank you for your kind attention to this matter and for your review, to date, of the complaint. Please do not hesitate to call me with any questions or concerns with respect to this submission.
| Respectfully submitted, |
| /s/ Charles F. Schill |
| Charles F. Schill |
| Counsel for Ampex Corporation |
CERTIFICATE OF SERVICE
The undersigned hereby certifies that copies of the foregoing Request to Withdraw Complaint were filed and served by hand delivery upon the Office of the Secretary of the International Trade Commission on July 20, 2004 as follows:
| Honorable Marilyn Abbott | (original plus fourteen (14) copies by messenger) | |
| Secretary | ||
| U.S. International Trade Commission | ||
| 500 E Street, SW, Room 112 | ||
| Washington, DC 20436 |
| /s/ David A. King |
| David A. King, |
| Senior Paralegal - Litigation |
| Steptoe & Johnson, LLP |
| 1330 Connecticut Avenue, N.W. |
| Washington, D.C. 20036 |