The US International Trade Commission ruled on Monday that Kodak does not infringe on two of Apple’s digital imaging patents. The ruling settles part of the dispute between the two companies—the ITC is set to make a final ruling on whether Apple (and RIM) infringe Kodak patents later this year. Meanwhile, the ITC has so far sided with Apple in its case against Android smartphone maker HTC.
The ITC decided, despite Apple’s request, to not review the initial decision of an administrative law judge (ALJ), who ruled in May that Kodak did not infringe two of Apple’s patents. When the ITC investigates patent infringement claims, the companies involved in a dispute submit filings to the commission. ITC staff make an initial recommendation, which is considered along with oral arguments and other evidence by an administrative law judge. The ALJ’s decision can either be upheld or overturned by a six-person panel if a review of the decision is requested.
Kodak initially targeted both Apple and RIM earlier this year with patent infringement lawsuits and ITC claims, alleging that both companies’ smartphones infringed on its patents related to digital imaging. Apple fired back with counterclaims as well as its own federal lawsuit and ITC action.
An ALJ had initially ruled that Apple and RIM did not infringe Kodak’s patents, though the final determination on that ruling has yet to be made. The review commission stated that under some interpretations of some of Kodak’s patent claims, certain Apple and RIM hardware could be deemed infringing. Further review by the judge is expected before a final ruling is issued.
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