The International Trade Commission has once again extended its target date for making a decision on Eastman Kodak's complaint against Apple and Research In Motion, which claims the companies are infringing on a patent it owns, notes "CNET" (http://macte.ch/i8vmM).

In a notice about the investigation (PDF), the ITC said that it's determined to "affirm in part, reverse in part, and remand in part the final initial termination" from its administrative law judge (ALJ). It also said it's found no violation of a provision of the Tariff Act of 1930 regarding unfair competition. However, based on changes made to the claims, it's extending the commission's determination until August 30 based on another ALJ review.

The Commission modified the following key findings:

° Kodak appealed the meaning of the patent term “at least three different colors.” 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 “motion processor” and “still processor.” The Commission revised the judge’s interpretations and instructed him to make a new recommendation based on the revision.

° Kodak appealed the meaning of the patent term “initiating capture.” The Commission agreed with Kodak that RIM’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.

Kodak initially filed an ITC complaint against Apple and RIM on January 14, 2010, asserting that Apple’s iPhones and RIM’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.

Apple sued Kodak in April 2010, about three months after Kodak accused Apple and Research In Motion of infringing a patent related to ways of previewing images. Apple's countersuit said Kodak devices copy the technology that it uses in Macs, iPhone, iTunes and Photo Booth involving image processing, energy management and memory design.

-- Dennis Sellers