US ITC affirms ruling against Kodak in patent case with RIM, Apple

Kodak vows to appeal

The U.S. International Trade Commission has affirmed a prior ruling that an Eastman Kodak patent asserted in a complaint against Apple and Research In Motion is invalid, according to a notice issued late Friday.

Kodak said Saturday it would appeal the ruling.

In May, ITC Administrative Law Judge Thomas Pender found that Apple's iPhone 3G and some RIM BlackBerry devices infringe the Kodak patent, U.S. Patent No. 6,292,218, but also ruled that the patent itself is invalid. In essence, the decision determined that Kodak's claim was invalid.

Kodak, RIM and Apple separately petitioned the ITC for a review of different parts of the decision.

Late Friday, the U.S. ITC affirmed Pender's decision. "The investigation is thus terminated with a finding of no violation," the ITC said in a brief notice.

The ITC said it would offer more details behind its ruling in a forthcoming opinion.

Kodak filed the complaint in January 2010. Kodak's patent claim is for technology for previewing an image on a digital camera's LCD screen before the image is captured. Though Kodak said the claim is for "fundamental" digital camera technology, Pender ruled that it was invalid.

The ITC decision is another blow for financially beleaguered Kodak, which filed for Chapter 11 bankruptcy in January. It had announced that it intended to sell some of its intellectual-property assets. Kodak also previously said that it has more than 1,000 other digital-image related patents.

However, Kodak said it intends to appeal the ITC ruling.

"We intend to appeal  the ruling on validity to the U.S. Court of Appeals for the Federal Circuit," according to a statement sent via email Saturday by a Kodak spokesman. "The validity of the 218 patent has been upheld in previous litigation at the ITC, and was affirmed by the U.S. Patent and Trade Office in the face of two separate challenges, so we are confident that its validity will ultimately be upheld."

Join the newsletter!

Or
Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Marc Ferranti

IDG News Service
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?