ITC Refuses to Review Apple-Kodak Patent Ruling

The U.S. International Trade Commission has determined not to review a May 12 ruling by an ITC administrative law judge that Kodak did not infringe Apple's patents.

On May 12, 2011, the administrative law judge (ALJ) issued his final ID, finding no violation by Kodak with respect to any of the asserted claims of the asserted patents.

The judge specifically found that “the accused products did not infringe the asserted claims of the ’964 patent,” reads the ITC statement.

“The ALJ also found that none of the cited references rendered the asserted claims obvious, and that Kodak is not a co-owner of the patent,” said the ITC.

Regarding the second patent, the ALJ found that the accused products did not infringe its asserted claims either.

“The ALJ also found that the prior art anticipates and invalidates the asserted claims and that Kodak is not a co-owner of the patent,” the ITC wrote, adding that “an industry exists within the United States that practices the ’911 patent but that a domestic industry does not exist with respect to the ’964 patent [as required by law].”

The ITC recalls that June 1, 2011 saw Apple filing a petition for review of the ALJ’s findings related to the ’964 patent.

At the time Apple did not petition for review of any of the ALJ’s findings related to the ’911 patent but, on June 9, 2011, the Commission investigative attorney and Kodak filed their own responses to Apple’s request for review, while neither the investigative attorney nor Kodak filed petitions or contingent petitions for review of the initial determination.

“Having examined the record of this investigation, including the ALJ’s final ID, the petition for review, and the responses thereto, the Commission has determined not to review the subject ID,” the ITC concluded.