By : Chloe Albanesius
Source : http://www.pcmag.com
Category : Patent News
The International Trade Commission has found that an image-previewing patent that Kodak is trying to assert against Apple and Research in Motion is invalid.
According to Kodak, the Administrative Law Judge's (ALJ) initial determination found that the iPhone 3G and BlackBerry devices infringe on Kodak's patent, but that patent is invalid.
Kodak said it plans to appeal to the full commission.
"In a previous ITC investigation, a different ALJ found this same Kodak patent to be valid and infringed by Samsung, whose products are similar to those offered by Apple and RIM," Timothy Lynch, Kodak vice president and chief intellectual property officer, said in a statement. "Kodak has invested billions of dollars to develop its pioneering digital imaging technology, and we intend to protect these valuable assets."
The case dates back to January 2010, when Eastman Kodak sued Apple and RIM for infringing upon its image-previewing patent via the camera apps in their smartphones.
In January 2011, the chief judge for the ITC ruled that neither Apple nor RIM infringed Kodak's 2001 patent. Kodak challenged the finding and the full six-member commission said it would review the ruling.
In a statement, RIM said it was aware of the ITC's decision.
Judge Thomas Pender's decision is subject to review by the entire commission; their decision is expected on Sept. 21. If the full ITC makes no modifications, Judge Pender's decision stands.
RIM said today that it is also battling Kodak in a Texas district court over the same patent. On May 9, the judge in that case suggested a non-jury trial to resolve the patent dispute, but Kodak objected and opted for a jury trial.
Apple hit back at Kodak, asking the ITC in 2010 to investigate whether Kodak violated patents relating to digital still and video cameras. Last year, the ITC ruled in Kodak's favor, however, and by March 2012, a New York bankruptcy judge denied Apple's bid to file a complaint with the ITC to jumpstart its pending patent suit.
Kodak filed for bankruptcy protection earlier this year.
Source : http://www.pcmag.com/article2/0,2817,2404749,00.asp
