Thursday, June 23, 2011

Kodak v. Apple/RIM @ ITC: Extended by a Week

New target date is June 30.

The US International Trade Commission announced today a one week extension of the target date in the review of Chief ALJ Luckern's Final Initial Determination in investigation 337-703.

Kodak filed its complaint against Apple and RIM with the ITC on January 14, 2010. The ITC issued a Notice of Investigation on February 17, 2010. The investigation centered around claim 15 of Kodak's US Patent 6,292,218 and its applicability to Apple's iPhone 3G, 3GS, and 4, and a variety of RIM devices.

Chief ALJ Luckern's Final Initial Determination was issued January 24, 2011 with a finding that claim 15 is invalid as obvious, and with findings of non-infringement for all of the accused Apple and RIM devices.

To "win," Kodak will need the full commission to reverse both the invalidity -and- non-infringement findings from the Final ID. Reversal of the invalidity finding would require successful challenges to multiple invalidating combinations of art. Reversal of the non-infringement findings would require modification of the Chief ALJ's constructions of multiple claim terms.

Kodak CEO Antonio Perez set expectations of revenue from Apple and RIM similar to the nearly $1B extracted from LG and Samsung when Kodak settled the separate 337-663 investigation.


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