Apple Losing in Patent Case with Kodak

Kodak has announced that the U.S. International Trade Commission (ITC) modified key findings of an ITC judge’s initial recommendation in its patent infringement claim against Apple and Research In Motion (RIM), in response to the company’s request.

The patent in question relates to a method invented by Kodak for previewing images.

Validated by the U.S. Patent and Trademark Office in December 2010, the patent is licensed to numerous technology companies including LG, MEI/Panasonic, Motorola, Nokia, Olympus, Samsung, Sanyo, Sharp, Sony, and Sony Ericsson.

The original ITC complaint filed by Kodak against Apple and RIM on January 14, 2010 alleged that Apple’s iPhones and RIM’s camera-enabled Blackberry devices infringe this patent.

According to Kodak’s latest report, the Commission has extended the target date for a final ruling until August 30, and modified a number of key findings, as well as affirmed other determinations favorable to Kodak.

For example, the company which produces imaging and photographic materials and equipment appealed the meaning of the patent term “at least three different colors.”

The ITC thus concluded that all of Apple and RIM's accused phones infringe this term.

The meaning of the patent terms “motion processor” and “still processor” were also appealed.

Revising the judge’s interpretations, the Commission instructed to make a new recommendation based on the revision. Other similar patent term appeals were filed.

Kodak ultimately appealed the judge's invalidity ruling, as a result of the Commission’s view of the revised meaning of the patent terms. The ITC sent the issue back to the judge for ‘reconsideration.’

“We are gratified that the Commission has decided to modify in our favor the judge’s initial recommendation,” said Laura G. Quatela, General Counsel, Chief Intellectual Property Officer and Senior Vice President, Eastman Kodak Company.

“As we have said from the start, we remain extremely confident this case will ultimately conclude in Kodak’s favor,” Quatela added.