Bad news for Kodak this morning as a judge ruled the company’s patent infringement claim against mobile giants RIM and Apple was ruled invalid and not infringed.
Kodak had unleashed the legal beagles on BlackBerry maker RIM and iPhone maker Apple on January 14, 2010 saying that both had infringed on a technology invented by Kodak for previewing images on a digital camera-enabled device. The patent itself is not in question, as it was recently confirmed as valid by the U.S. Patent and Trademark Office (USPTO), but the Administrative Law Judge (ALJ) in the U.S. International Trade Commission (ITC) seems to disagree with Kodak about its patent having been infringed.
The ALJ issued his initial determination today, but the final decision in the case will be based on the deliberation of the full ITC Commission, expected by May 23.
Kodak was predictably displeased with the initial recommendation, but is optimistic the ICT will reach a different conclusion, despite the ALJ’s ruling.
“The ALJ’s recommendation represents a preliminary step in a process that we are extremely confident will conclude in Kodak’s favor,” said Laura G. Quatela, General Counsel, Chief Intellectual Property Officer and Senior Vice President, Eastman Kodak Company.
“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, 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.”
Quatela went on to talk about Kodak’s “a long history of digital imaging innovation” and “industry-leading portfolio of more than 1,000 digital imaging patents,” noting that the firm remains committed to protecting its intellectual property “and to defending ourselves against those who would make erroneous claims to it.”
Just in case the ITC ruling doesn’t go in its favor, Kodak also has Federal Court actions pending against RIM and Apple in the Northern District of Texas and in the Western District of New York, where the same patent issue will be adjudicated.
