The United States International Trade Commission (ITC) again ruled in favor of Research In Motion and Apple in a patent infringement suit brought by Eastman Kodak. The claims were made in the ITC’s latest initial determination, which was published by judge Thomas Pender.
“I hereby reaffirm on remand that no violation of Section 337 of the Tariff Act of 1930, as amended, has been found in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain mobile telephones and wireless communication devices featuring digital cameras, and components thereof, in connection with claim 15 of U.S. Patent No. 6,292,218,” Pender said in the filing.
As CNET notes, the filing doesn’t specifically say that RIM and Apple didn’t infringe on Kodak’s patents, but rather that Kodak’s claim was invalid “for obviousness.” The iPhone 3G did indeed infringe on Kodak’s technology, but its more recent iPhone 3GS and iPhone 4 products did not. Kodak will appeal the ruling. “We are pleased the ALJ has concluded that Kodak’s patent is infringed by Apple and RIM,” said Kodak’s vice president and chief intellectual property officer Timothy Lynch said in a statement obtained by CNET. “We expect to appeal to the full Commission his recommendation on validity. The ALJ’s recommendation represents a preliminary step in a process that we are confident will conclude in Kodak’s favor.”