14 DAY TRIAL // Apple has reportedly filed new claims of patent infringement against Kodak with the U.S. International Trade Commission (ITC). Apple’s filing lists two USPTO granted patents, one for “System and method for using a unified memory architecture to implement a digital camera device,” the other for “Modular digital image processing via an image processing chain with modifiable parameter controls.” A press release signed MONKEYmedia also reveals that the Austin-based design studio is taking legal action against the Mac maker over infringing three of MONKEYmedia Seamless Contraction patents.
Kodak suit
According to a report by 9to5Mac, the statement from the ITC reads:
“USITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN DIGITAL IMAGING DEVICES AND RELATED SOFTWARE
“The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital imaging devices and related software. The products at issue in this investigation are digital still cameras, digital video cameras, and related software.
“The investigation is based on a complaint filed by Apple Inc., f/k/a Apple Computer, Inc., of Cupertino, CA, on April 15, 2010. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of digital imaging devices and related software that infringe patents asserted by Apple. The complainants request that the USITC issue an exclusion order and a cease and desist order. “The USITC has identified Eastman Kodak Company of Rochester, NY, as the respondent in this investigation. “By instituting this investigation (337-TA-717), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
“The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.”
MONKEYmedia suit
MONKEYmedia describes itself as a privately held user interface design studio turned intellectual property licensing boutique, founded in 1994 by Janna Buckmaster Bear and Eric Gould Bear. It points out that it has a portfolio of patented inventions that are essential to the practice of various industry-governed standards, as it includes claims directed towards telescopic advertising and other enhanced viewing experiences.
MONKEYmedia had filed a lawsuit against Apple for infringing claims in three of MONKEYmedia's Seamless Contraction patents, the company announced yesterday. According to the report, “Apple’s infringement involves its user interfaces for document summarization, RSS readers and video players that can display multiple versions of text and/or audiovisual content.” Filed in the Western District of Texas – Austin Division, the suit asks for “open communications and fair compensation.”
“We can sit by and watch Apple continue to use our patented inventions without paying, or we can do something about it,” Eric Bear, MONKEYmedia's CEO, said. “Synergy between inventors and manufacturers is healthy, and we love that Apple believes in our technology. We simply prefer open communications and fair compensation.”