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Kodak patent case against Apple, RIM sent back to judge

01.07.2011
A ruling on Eastman Kodak's patent case against Apple and Research In Motion may be delayed until August after the U.S. International Trade Commission sent the issue back to a judge who had earlier ruled against Kodak.

The patent at issue relates to camera-phone image previews.

The ITC it had decided to "affirm in part, reverse in part, and remand in part," the final initial determination issued by the presiding administrative law judge on Jan. 24. In the initial determination, the judge that Kodak's patent claim against Apple and RIM, concerning camera-phone image previews, was invalid.

The ITC said that it modified some of the judge's claim constructions, and as a result the judge and respondents should have the opportunity to "revisit invalidity".

The suit, which aims to block Apple and RIM from importing iPhone and BlackBerry phones, was filed by Kodak in January last year. It alleges that Apple and RIM infringed its patents with a feature that allows image previews on their phones. The ITC agreed to investigate the claim in February last year.

On March 25 this year, ITC decided to review the initial determination by the administrative law judge in its entirety. The target date of the investigation was postponed from May 23 to June 23, and later to June 30. The new target date for a decision on the issue is Aug. 30.