As mentioned in the previous post, inconsistencies in Administrative Law Judge rulings regarding the same patent in different cases likely contributed to today's grant of full commission review of Kodak's case against Apple.
In a nutshell, in a previous ITC investigation, 337-TA-663, claim 15 of Kodak's US6,292,218 patent was found valid and infringed by certain Samsung phones. In the 337-TA-703 investigation involving Apple, claim 15 was found invalid under 35 USC 103 and none of the accused products was found to infringe.
Kodak argues, among other points, that the same body reviewing the same patent again within a very short timeframe should have a consistent view of the validity of that patent. In particular, Kodak took issue with the Markman ruling regarding claim 15, and purportedly erroneous construction of the phrase "at least three different colors" in element "b." Kodak argues that Apple does not contest that elements "a," "c," or "f," are satisfied under any construction, that "b" and "e" would not be contested under a "proper" construction, and that Apple phones initiate capture of a still image while previewing motion images, as required by element "d".
The claim is reproduced below:
15. An electronic still camera for initiating capture of a still image while previewing motion images on a display, comprising:
(a) an image sensor having a two-dimensional array of photosites covered by a mosaic pattern of color filters including at least three different colors for capturing images of a scene, each captured image having a first number of color pixel values provided in a first color pattern;
(b) a motion processor for generating from the captured images, a second number of color pixel values provided in a second color pattern having at least three different colors and representative of a series of motion images to be previewed, the second number of color pixel values being less than the first number of color pixel values, and the second color pattern being different from the first color pattern;
(c) a color display for presenting at least some of the motion images of the series of motion images corresponding to the captured images of the scene, the color display having an arrangement of color display pixels including at least three different colors in a pattern different from the first color pattern;
(d) a capture button for initiating capture of a still image while previewing the motion images presented on the color display;
(e) a still processor for generating a third number of color pixel values including at least three different colors representative of a captured still image; and
(f) a digital memory for storing the processed captured still image.
- US ITC Filing, COMPLAINANT EASTMAN KODAK COMPANY'S PETITION FOR REVIEW OF THE FINAL INITIAL AND RECOMMENDED DETERMINATIONS, Filed February 17, 2011 by Eric C. Rusnak of K&L Gates, representing Eastman Kodak.
- US Patent 6,292,218