Monday, July 23, 2012

(BN) Kodak Wins Appeal on Ruling It Didn’t Infringe Apple Patent (1)


July 23 (Bloomberg) -- Eastman Kodak Co. won an appeals court ruling that it didn't violate Apple Inc. patent rights over a way to process digital images in a case that was filed at the U.S. International Trade Commission.

The U.S. Court of Appeals for the Federal Circuit, without issuing a formal opinion, affirmed an ITC ruling from July 2011 that an Apple patent wasn't infringed. Notice of the decision was posted on the court's website.

Apple, based in Cupertino, California, filed the case against Kodak in retaliation for a patent suit Kodak had lodged. The commission on July 20 said that a Kodak patent claim for an image-preview feature was invalid.

Kodak, which filed for bankruptcy protection in January, is relying on its patent portfolio to help fund a turnaround. The company is selling two groups of patents, with plans to announce winning auction bidders on Aug. 13.

Rochester, New York-based Kodak has said in a court filing that Apple owes it more than $1 billion in patent royalties. Apple, which claims co-ownership of some Kodak patents because of a research agreement from the 1990s, could have used a victory in this case to lower any amount it might have to pay.

The appeal is Apple Inc. v U.S. International Trade Commission, 11-1592, U.S. Court of Appeals for the Federal Circuit (Washington). The ITC case is In the Matter of Digital Imaging Devices and Related Software, 337-717, U.S. International Trade Commission (Washington).

The Kodak case against Apple and RIM is In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof, 337-703, USITC.


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