14 DAY TRIAL // Kodak is getting its bankrupt hopes up after receiving a favorable notice from a judge reviewing their patent spat with Apple Inc. and Blackberry-maker Research In Motion. However, Administrative Law Judge Thomas Pender burst Kodak’s bubble before it had even formed.
While Judge Pender did rule that “the accused Apple iPhone 3G infringes claim 15 of the ‘218 patent,” he also cancelled the infringement of the iPhone 3G as Kodak’s specific patent claims were deemed “invalid”.
Kodak itself noted in a press release, “The ALJ concluded that the Apple iPhone 3G and the accused RIM BlackBerry devices infringe Kodak’s patent, although his recommendation is that the patent claim is invalid.”
Nonetheless, Timothy Lynch, Kodak vice president and chief intellectual property officer, is pleased with the ruling:
“We are pleased the ALJ has concluded that Kodak’s patent is infringed by Apple and RIM. We expect to appeal to the full Commission his recommendation on validity,” said Lynch. “The ALJ’s recommendation represents a preliminary step in a process that we are confident will conclude in Kodak’s favor.”
The patent at heart is said to be one of 1,100 digital imaging patents held by Kodak. The firm suggests it would be more than happy to license these technologies to Apple Inc., much like it does with other companies, including LG, Motorola, Nokia, and Samsung.
Kodak is keeping its hopes high as it clings on the results of a previous ITC investigation, where a different judge found this same Kodak patent to be valid and infringed by Samsung, “whose products are similar to those offered by Apple and RIM,” said Lynch.
“Kodak has invested billions of dollars to develop its pioneering digital imaging technology, and we intend to protect these valuable assets,” he added.
The patent at issue relates to a technology invented by Kodak for previewing images on a digital camera-enabled device. Kodak says this is a “fundamental” method employed by Apple’s devices to take pictures.
Based on the deliberation of the full Commission, the ITC’s final decision is expected by September 21, 2012, Kodak said.