International Trade Commission Judge Thomas B. Pender has issued another setback to Kodak in its patent case against Apple and Blackberry maker Research in Motion.
Judge Pender ruled that the Apple iPhone 3G and RIM products infringes claim 15 of the ‘218 patent but says the claim is invalid citing 35 U.S.C. § 103 for obviousness. Judge Pender ruling also found the Apple iPhone 3GS and iPhone 4 do not infringe claim 15 of the ‘218 patent.
Kodak initially filed an ITC complaint against Apple and Research in Motion on January 14, 2010 seeking to block the sale of iPhone and Blackberry devices. Bloomberg reported at the time of filing that Kodak had used the ITC to gain $550 million from Samsung and $414 million from LG for allegedly infringing the same patent.
The patent at issue relates to to previewing images on a digital camera-enabled device.
Kodak says they expect to appeal to the full Commission the recommendation on validity. The commission is scheduled to complete the investigation by Sept. 21.