Suppose that, after this decision, Jazz fully compensated Fuji for the infringing sales of LFFPs. Would Jazz have acquired the right to refurbish those LFFPs in the future? Explain.

Fuji Photo Film Company owns fifteen U.S. patents for “lens-fitted film packages” (LFFPs), popularly known as disposable cameras. An LFFP consists of a plastic shell preloaded with film. To develop the film, a consumer gives the LFFP to a film processor and receives back the negatives and prints, but not the shell. Fuji makes and sells LFFPs. Jazz Photo Corporation collected used LFFP shells in the United States, shipped them abroad to have new film inserted, and then imported them back into the United States for sale. The International Trade Commission (ITC) determined that Jazz’s resale of shells originally sold outside the United States infringed Fuji’s patents. In 1999, the ITC issued a cease-and-desist order to stop the imports. While the order was being disputed at the ITC and in the courts, between August 2001 and December 2003 Jazz imported and sold 27 million refurbished LFFPs.