Reuters: Bankruptcy News: UPDATE 1-Kodak loses preliminary patent ITC ruling

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UPDATE 1-Kodak loses preliminary patent ITC ruling May 21st 2012, 19:56 Mon May 21, 2012 3:56pm EDT WASHINGTON May 21 (Reuters) - Eastman Kodak Co lost a preliminary patent ruling on Monday, as a trade panel judge ruled that Apple and Research in Motion did not violate a Kodak patent because it was invalid. An administrative law judge at the International Trade Commission said that the critical portion of Kodak's patent, which allows a user to preview digital images, was invalid because it was obvious. The full ITC will confirm or overturn the judge's decision in September. Kodak, now in bankruptcy, saw its share price shrink by more than 25 percent to 19 cents in trading on Monday afternoon. This is the second round through the ITC for this dispute -- an ITC judge had previously found the same patent invalid but the full ITC asked for that decision to be reviewed. Although ITC Judge Thomas Pender again found the patent invalid, he also found that the Apple iPhone 3G and some RIM mobile phones used the technology. Kodak, which invented the handheld camera and the digital camera, filed for bankruptcy protection on Jan. 19. Kodak said it was confident that it would win in the end since the U.S. Patent and Trademark Office had reviewed the patent in question and found it valid. Kodak said it would appeal the finding of invalidity. "Kodak has invested billions of dollars to develop its pioneering digital imaging technology, and we intend to protect these valuable assets," Kodak Vice President Timothy Lynch said in a statement. Apple had no comment. Research in Motion noted the ruling, saying this was the second time that an ITC judge had found the same patent invalid. Kodak, which holds 10,000 patents, is focusing a significant part of its restructuring on finding a buyer for the 1,155 U.S. patents within its Digital Capture and Kodak imaging Systems & Services portfolios. The portfolios also include more than 500 foreign patents. Based in Rochester, New York, Kodak is expected to retain the patents associated with its core printing business, sources told Reuters in March. Possible buyers include some of the same companies that Kodak is battling in court over patent infringement. These include Intel Corp, Samsung, Apple and Fujifilm, two sources told Reuters in March. The bidding itself has not yet begun. Link this Share this Digg this Email Reprints

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