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ITC Commission Issues Favorable Ruling in Kodak Patent Case Against Apple and RIM

^{Published on 2011-06-30 16:20:47 - Market Wire}
 

ROCHESTER, N.Y.--([ BUSINESS WIRE ])--Eastman Kodak Company (NYSE:EK) today announced that in response to the companya™s request, the U.S. International Trade Commission (ITC) modified key findings of an ITC judgea™s initial recommendation in Kodaka™s patent infringement claim against Apple and Research In Motion (RIM). The Commission extended the target date for a final ruling until August 30.

"We are gratified that the Commission has decided to modify in our favor the judgea™s initial recommendation"

In support of Kodak, the Commission modified the following key findings:

• Kodak appealed the meaning of the patent term aat least three different colors.a The Commission agreed with Kodak that all of Apple and RIM's accused phones infringe this term.
• Kodak appealed the meaning of the patent terms amotion processora and astill processor.a The Commission revised the judgea™s interpretations and instructed him to make a new recommendation based on the revision.
• Kodak appealed the meaning of the patent term ainitiating capture.a The Commission agreed with Kodak that RIMa™s accused phones and certain Apple phones infringe this term. With respect to other Apple phones, the Commission instructed the judge to reconsider his recommendation.
• Kodak appealed the judge's invalidity ruling. The Commission sent the issue back to the judge for reconsideration in view of the revised meaning of the patent terms.
• The Commission affirmed other determinations favorable to Kodak, including the enforceability of the patent, and the existence of domestic industry.

aWe are gratified that the Commission has decided to modify in our favor the judgea™s initial recommendation,a said Laura G. Quatela, General Counsel, Chief Intellectual Property Officer and Senior Vice President, Eastman Kodak Company. aAs we have said from the start, we remain extremely confident this case will ultimately conclude in Kodaka™s favor.a

The patent at issue relates to a method invented by Kodak for previewing images. This particular patent was validated by the U.S. Patent and Trademark Office in December 2010. Kodak has licensed its imaging patents, including the one at issue in the case currently before the ITC, to numerous leading technology companies including: LG, MEI/Panasonic, Motorola, Nokia, Olympus, Samsung, Sanyo, Sharp, Sony, and Sony Ericsson.

Kodak initially filed an ITC complaint against Apple and RIM on January 14, 2010, asserting that Applea™s iPhones and RIMa™s camera-enabled Blackberry devices infringe a Kodak patent covering technology related to a method for previewing images. 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 this same issue and additional infringement claims will be adjudicated. Kodak is proceeding with these actions, with the Texas case scheduled to begin on August 1, 2011.

About Kodak

As the world's foremost imaging innovator, Kodak helps consumers, businesses, and creative professionals unleash the power of pictures and printing to enrich their lives.

To learn more, visit [ www.kodak.com ] and follow our blogs and more at [ www.kodak.com/go/followus ].

2011