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Apple Loses Bid for ITC Review of Kodak Patent Ruling

 & Chloe Albanesius Executive Editor, News

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The International Trade Commission on Monday upheld an earlier ruling that said Kodak devices do not infringe upon patents held by Apple.

The ITC has decided not to review Apple's appeal, ITC secretary James Holbein wrote in his decision.

"We are pleased that the Commission has confirmed the [administrative law judge's] finding that there is no violation by Kodak," Kodak said in a statement.

The case dates back to April 2010, when Apple asked the ITC to investigate whether Kodak had violated patents relating to digital still and video cameras with its Kodak Z, Kodak M, and Kodak C series of cameras, as well as its Kodak Slice and Playsport devices. The ITC agreed to hear the case the following month.

By May 2011, however, the ITC determined that Kodak did not violate Apple's patents. Apple appealed, asking the commission to review one of the two patents involved in the case ('964), but yesterday, the ITC ruled in Kodak's favor.

"Having examined the record of this investigation, including the ALJ's final ID, the petition for review, and the responses thereto, the Commission has determined not to review the subject ID," the ITC concluded.

Apple's ITC request came several months after Kodak sued Apple and Research in Motion for patent infringement. Specifically, the suit alleged that both companies violated patent 6,292,218, which covered image previewing. In January 2011, the ITC found that the "patent claim at issue is invalid and not infringed," Kodak said. In late June, the ITC modified certain aspects of that case; a final ruling is expected on August 30.

About Our Expert

Chloe Albanesius

Chloe Albanesius

Executive Editor, News

My Experience

I started out covering tech policy in DC for The National Journal, where my beat included state-level tech news and all the congressional hearings and FCC meetings I could handle. I later covered Wall Street trading tech before switching gears to consumer tech. I now lead PCMag's news coverage.

My Areas of Expertise

Getting my start in DC means I still have a soft spot for tech policy; Congressional hearings can sometimes be as entertaining as a Bravo reality show, for better or worse. But PCMag is all about the technology we use every day, as well as keeping an eye out for the trends that will shape the industry in the years ahead (or flop on arrival). I've covered the rise of social media, the iOS vs. Android wars, the cord-cutting revolution that's now left us with hefty streaming bills, and the effort to stuff artificial intelligence into every product you could imagine. This job has taken me to CES in Vegas (one too many times), IFA in Berlin, and MWC in Barcelona. I also drove a Tesla 1,000 miles out west as part of our Best Mobile Networks project. Of late, my focus is on our hard-working team of reporters at PCMag, guiding and editing their robust coverage.

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