Eastman Kodak Company says it's received notice of the Administrative Law Judge’s (ALJ) initial determination in the U.S. International Trade Commission (ITC) action brought by Kodak against Apple and Research In Motion Limited (RIM).

The ALJ concluded that the Apple iPhone 3G and the accused RIM BlackBerry devices infringe Kodak’s patent, although his recommendation is that the patent claim is invalid. The patent at issue (US Patent No. 6,292,218) relates to a technology invented by Kodak for previewing images on a digital camera-enabled device that is fundamental to how those devices take pictures.

In the face of two separate challenges, the U.S. Patent and Trademark Office analyzed this particular Kodak patent and confirmed its validity in December 2010. The final decision of the ITC, based on the deliberation of the full Commission, is expected by Sept. 21.

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.