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ITC rules against Kodak, in favor of RIM and Apple

This is strike two against Kodak at the US International Trade Commission. CNET is reporting today that administrative Judge Thomas Pender reaffirmed a decision from last year which stated that neither Apple or RIM were infringing Kodak patents.

"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."

The judge noted that Apple and RIM were actually both infringing on a patent held by Kodak, but the claim was invalid because the technology Kodak claims was protected was "obvious".

Kodak brought the action in 2010, claiming that both Apple and RIM image preview functions were infringing on Kodak intellectual property.

The ruling needs to be approved by the full ITC panel. Kodak filed for Chapter 11 bankruptcy protection in January, and has been active in trying to sell off its patents in hopes of raising some money.

Apple fans will note that back in 1994, Apple and Kodak were partners in the production of the first consumer digital camera, the Apple QuickTake 100. Time Magazine noted that the camera was 'the first consumer digital camera' and ranked it among its '100 greatest and most influential gadgets from 1923 to the present'.

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