Kodak Wins One, Loses One, in Patent Case Against Apple

By Tanya Roth, Esq. on July 27, 2012 | Last updated on March 21, 2019

Kodak has been fighting against Apple in and out of the Federal Circuit Court of Appeals this past week. On Monday, the Federal Circuit issued a two-page opinion that upheld the International Trade Commission's ruling that Kodak was not infringing on Apple's patents for making digital cameras and related software, reports Reuters.

In a related but separate ruling, however, the International Trade Commission ruled against Kodak last week on the validity of a patent to preview digital images on cellphone cameras, reports Courthouse News Service.

The patent was titled Electronic Camera for Initiating Capture of Still Images While Previewing Motion Images. Kodak claimed ownership on the patents and the ITC judge found that Apple and Blackberry-maker Research In Motion were not in violation of the patents, as the patents were invalid due to obviousness.

As we've explained before on this blog, a patent may be invalidated for obviousness if a "skilled artisan would have perceived a reasonable expectation of success in making the invention in light of the prior art."

Of course, ITC cases are appealable to the Federal Circuit and that's just where Kodak might take the ruling. In fact, Reuters reports that Kodak has indicated plans to appeal the ITC decision.

Kodak is in the midst of bankruptcy proceedings, having filed for Chapter 11 earlier this year.

As part of its bankruptcy restructuring, Kodak had hopes of selling of some of its patent portfolio, so a decision to invalidate one of Kodak's patents hits the company where it hurts the most.

Kodak owns more than 1,100 digital imaging patents.

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