14 DAY TRIAL // The Administrative Law Judge (ALJ) in the U.S. International Trade Commission (ITC) action brought by Kodak against Apple Inc. and Research In Motion (RIM) has issued an initial determination. ALJ notes that the patent claim at issue is invalid and did not find proof of infringement, Eastman Kodak Company (Kodak) reveals.
Kodak initially filed its ITC complaint against Apple and RIM over a year ago, on January 14, 2010.
The company asserted at the time that Apple’s iPhones and RIM’s camera-enabled Blackberry devices infringed one of its patents covering technology related to a method for previewing images.
Particularly, the patent at issue relates to a technology invented by Kodak for previewing images on a digital camera-enabled device.
Kodak confirmed in yesterday’s announcement that the patent was recently confirmed as valid by the U.S. Patent and Trademark Office (USPTO).
According to the vendor of photographic materials and equipment, the final decision in this case is expected by May 23, based on the deliberation of the full ITC Commission.
Federal Court actions are also pending against Apple and RIM the Northern District of Texas, as well as in the Western District of New York.
The same issue will be adjudicated in these territories as well.
Laura G. Quatela, general counsel, chief intellectual property officer and senior vice president, Eastman Kodak Company, said:
“The ALJ’s recommendation represents a preliminary step in a process that we are extremely confident will conclude in Kodak’s favor.”
“This very same Kodak patent was upheld by a different ALJ at the ITC in our case against LG and Samsung, whose products use the very same Kodak technology to function in the very same manner as similar products from Apple and RIM.”
“What’s more,” Quatela added, “the attorneys at the ITC’s Office of Unfair Import Investigations, which separately examined this case, agree with Kodak’s interpretation of the patent.”
“We fully expect the ITC Commission will ultimately rule that the patent claim at issue is valid and infringed by Apple and RIM. “
“Kodak has a long history of digital imaging innovation,” Quatela said. “We have created an industry-leading portfolio of more than 1,000 digital imaging patents. We remain committed to protecting our intellectual property and to defending ourselves against those who would make erroneous claims to it.”
Companies that are legally using the technology at the heart of this suit include LG, MEI/Panasonic, Motorola, Nokia, Olympus, Samsung, Sanyo, Sharp, Sony, and Sony Ericsson, according to Kodak, which licenses its imaging patents.