updated 09:55 pm EDT, Fri March 25, 2011
Kodak gets ITC to reexamine Apple and RIM case
Kodak on Friday night successfully obtained a review of the ITC decision for Apple and RIM. The trade agency said it would check again whether Kodak's patent for low resolution previews was being copied in the BlackBerry and iPhone. A decision would take place no later than May 23.
The decision is a reprieve for Kodak but won't necessarily result in a victory, since the court can return to the same conclusion. If it does, there likely wouldn't be a second chance for Kodak to get the ITC's backing and could lead to it losing any civil actions taken against either of the target companies. Many companies use simultaneous ITC complaints with lawsuits, both because the ITC moves more quickly but also since its decisions can be used as evidence in the more profitable lawsuits.
Earlier, an ITC judge had said that the patent was too obvious a take on another patent and couldn't rightly be used against Apple or Kodak for the way their mobile camera apps function.
Kodak has acknowledged using lawsuits and royalty payments as a regular way of compensating for failing business and has targeted LG and Samsung, among others. Motorola has been one of the few to more readily accept Kodak's demands.