Kodak receives notice of initial determination in patent infringement case

By Adam Zeis on 21 May 2012 02:10 pm EDT

Kodak has announced today that it they have received the initial determination in their infringement case that has been going on since early 2010. If you recall, Kodak made claims that both Apple and RIM infringed on various Kodak-owned image patents. The Administrative Law Judge has concluded that both iPhone 3G and certain BlackBerry devices infringe Kodak's patents however those patents have been found (again) to be invalid. There is still some way to go for this all to be over, so we'll see what happens from here. Keep reading for the full press release.

Kodak Receives Notice of Initial Determination in ITC Patent Infringement Action against Apple and Research In Motion

ROCHESTER, N.Y.--(BUSINESS WIRE)--Eastman Kodak Company today announced that it has received notice of the Administrative Law Judge's (ALJ) initial determination in the U.S. International Trade Commission (ITC) action brought by Kodak against Apple Inc. and Research In Motion Limited (RIM). 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.

The patent at issue (US Patent No. 6,292,218) relates to a technology invented by Kodak for previewing images on a digital camera-enabled device that is fundamental to how those devices take pictures. In the face of two separate challenges, the U.S. Patent and Trademark Office analyzed this particular Kodak patent and confirmed its validity in December 2010. The final decision of the ITC, based on the deliberation of the full Commission, is expected by September 21, 2012.

"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. The ALJ's recommendation represents a preliminary step in a process that we are confident will conclude in Kodak's favor," said Timothy Lynch, Kodak Vice President and Chief Intellectual Property Officer. "In a previous ITC investigation, a different ALJ found this same Kodak patent to be valid and infringed by Samsung, whose products are similar to those offered by Apple and RIM. Kodak has invested billions of dollars to develop its pioneering digital imaging technology, and we intend to protect these valuable assets."

The '218 patent at issue in this case is one of 1,100 digital imaging patents in Kodak's industry-leading patent portfolio. Kodak licenses its technology to numerous leading technology companies, including LG, Motorola, Nokia, and Samsung.

Adam Zeis Adam Zeis "Mobile Nations Content Strategist" 3740 (articles) 2892 (forum posts)

Reader comments

Kodak receives notice of initial determination in patent infringement case


Actually Kodak lost this, the decision notes that devices from Apple and RIM were, in fact, infringing on one of the claims made within the patent, but the ITC judge recommends that the specific claim is invalid "for obviousness."

This should be considered good for RIM.

Yeah, it looks like Adam (unusually) kind of messed the bed on this one.

Clearly, Kodak's PR department did its best to spin the "patent infringement" finding while conveniently ignoring that the patent itself was ruled invalid.

It's nice to see some GOOD news in the media on RIM, though I'm not sure how serious a threat this suit was considered among the analysts.

It's just sad to see once-mighty Kodak reduced to patent-trolling.

I had a feeling it would be invalid. Just to rake money from companies. Apple being the big fat cash cow it is. Why didn't kodac go after the iphone 4, 4S and iPod touches? :D

Posted from my Crackberry @ wapforums.crackberry.com

THIN-ICE I live in rochester (where kodak is) and just caught the local news. It has definitely been declared "invalid" probably just a last gasp by the dying company. Not to mention I'm pretty sure kodak themselves will be sued before they go completely under due to all the waste coming up from the ground at certain buildings.