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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 infringing on a patent it owns.
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), and that it's found no violation of section 337 in its investigation. However based on changes made to the claims, it's extending the commission's determination until August 30 based on another ALJ review.
The notice goes on to say that the accused products from Apple and RIM do, in fact, infringe on a Kodak patent claim about the screen display. However infringing on one aspect of a patent claim does not mean that the entire claim is infringed.:
In January, an ITC administrative law judge had said that Kodak's technology was not being used illegally in Apple's iPhone or RIM's BlackBerry devices, which prompted the ruling to be put to a review by a six-member commission.
The decision brings two possibilities: exclusion orders that could stop importation of products Kodak claimed were infringing, and cease-and-desist orders that would keep both companies from commercializing products already on the U.S. market.
In its original complaint with the ITC, Kodak sought to keep mobile devices with built-in cameras out of the U.S. The imaging company stated that the camera technology used in Apple's iPhone and RIM's BlackBerry to preview images infringes on a digital-imaging patent owned by Kodak.
Kodak's Chief Executive Officer Antonio Perez had told Bloomberg in March that a successful outcome in the claim could earn the company more than $1 billion in patent royalties from Apple and RIM. Furthermore, it was his belief that the company "deserves to win."
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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), and that it's found no violation of section 337 in its investigation. However based on changes made to the claims, it's extending the commission's determination until August 30 based on another ALJ review.
The notice goes on to say that the accused products from Apple and RIM do, in fact, infringe on a Kodak patent claim about the screen display. However infringing on one aspect of a patent claim does not mean that the entire claim is infringed.:
The Commission has also modified the ALJ's construction of 'at least three different colors' in the limitation 'a second number of color pixel values provided in a second color pattern having at least three different colors.' We find that the accused products infringe this limitation.
The ITC said that it plans to "modify the construction" of a Kodak patent claim that covers "initiating capture of a still image while previewing a motion image." The body says Apple'siPhone 3G and phones from RIM are privy to this behavior, while the iPhone 3GS and iPhone 4 "do not literally infringe" on Kodak's patent claim when in the "non-flash-photography modes of operation." In January, an ITC administrative law judge had said that Kodak's technology was not being used illegally in Apple's iPhone or RIM's BlackBerry devices, which prompted the ruling to be put to a review by a six-member commission.
The decision brings two possibilities: exclusion orders that could stop importation of products Kodak claimed were infringing, and cease-and-desist orders that would keep both companies from commercializing products already on the U.S. market.
In its original complaint with the ITC, Kodak sought to keep mobile devices with built-in cameras out of the U.S. The imaging company stated that the camera technology used in Apple's iPhone and RIM's BlackBerry to preview images infringes on a digital-imaging patent owned by Kodak.
Kodak's Chief Executive Officer Antonio Perez had told Bloomberg in March that a successful outcome in the claim could earn the company more than $1 billion in patent royalties from Apple and RIM. Furthermore, it was his belief that the company "deserves to win."
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