Apple v. Kodak @ ITC: Initial Determination

On May 12, 2011, Administrative Law Judge of the USITC Robert K. Rogers, Jr., issued an Initial Determination in investigation 337-717.  The investigation involves two Apple patents, U.S. Pat. No. 6,031,964 and U.S. Pat. No. RE38,911, and alleged infringement by Kodak.

The initial determination was not in Apple's favor.  While there is not a public version of the Initial Determination yet available, the Conclusions of Law have been made public.  The key findings are:

• An industry does not exist in the United States that exploits U.S. Pat. No. 6,031,964, as required by 19 U.S.C. § 1337(a)(2).
• Claims 1, 3, 5, 7, and 8 of U.S. Pat. No. 6,031,964 are not invalid.
• The accused Kodak products do not infringe claims 1, 3, 5, 7, and 8 of U.S. Pat. No. 6,031,964.
• There is no violation of 19 U.S.C. § 1337(a)(l) with respect to U.S. Pat. No. 6,031,964.

and:

• An industry exists in the United States that exploits U.S. Pat. No. RE38,911, as required by 19 U.S.C. § 1337(a)(2).
• Claims 15, 27, 30, and 38 of U.S. Pat. No. RE38,911 are invalid pursuant to 35 U.S.C. § 102.
• The accused Kodak: products do not infringe claims 15,27,30, and 38 of U.S. Pat. No. RE38,911.
• There is no violation of 19 U.S.C. § 1337(a)(l) with respect to U.S. Pat. No. RE38,911.

From Bloomberg:

“We’re pleased by today’s ruling and we are looking forward to the full ITC commission’s ruling in our case against Apple and RIM, which is expected in late June,” David Lanzillo, a spokesman for Kodak, said in a statement.

The investigation against Apple is number 337-703, with a target date for completion of June 23.

 

Note: This post was delayed due to the extended blogger.com outage.

 

Previous coverage:

• Kodak v. Apple @ ITC: Extended by a Month
• Kodak Was Granted Full Commission Review by 5-1 Vote
• Kodak v. Apple at the ITC: What Happens Now?
• Tangled Procedural Webs of the ITC and the USPTO
• RGB, YCC, and the importance of claim drafting
• Kodak v. Apple at the ITC: What's This About?
• Kodak enlists New York politicos in ITC dispute with Apple
• WSJ: ITC Revives Kodak Hopes in Apple, RIM Patent Case
• PowerCD & Quicktake: Apple and Kodak, in happier days together
• Bloomberg: Kodak Says $1B at Stake in Apple, RIM Patent Dispute