U.S. International Trade Commission Opens Inquiry Into Apple, RIM After Kodak Complaint

[MacRumors]

Bloomberg BusinessWeek reports that the U.S. International Trade Commission (ITC) has granted a request made by Kodak last month for an investigation of Apple and Research in Motion regarding possible infringement of Kodak patents related to digital camera technology.

The U.S. International Trade Commission in Washington said today it will consider the complaint filed last month and decide whether to ban the imports after Kodak claimed that the companies refused to pay patent royalties on digital-camera technology. Kodak also has a civil lawsuit pending.

Kodak, based in Rochester, New York, claims in the ITC case that Apple and RIM are infringing a patent related to ways to preview images. The civil suit, only against Apple, concerns that patent and additional ones for digital cameras and computer processes.

In its complaint, Kodak contended that it had worked with Apple and Research in Motion "for years" in attempts to resolve the dispute, but had been unable to reach satisfactory agreements. Kodak also noted at the time that disruption of sales of the devices from Apple and RIM was not its "primary interest", suggesting that its complaint with the ITC requesting a ban on import of the devices into the U.S. was designed to gain leverage in its negotiations with the companies.

The ITC's decision to grant an investigation had not been unexpected, as it typically agrees to address such issues. It remains unlikely that imports of Apple's iPhone will be blocked, however, as the companies are much more likely to resolve the impasse prior to the implementation of any such measures.

Article Link: U.S. International Trade Commission Opens Inquiry Into Apple, RIM After Kodak Complaint

 

[LeoFio]

As discussed before, Kodak actually has a point on this one and is going about it in a professional manner, unlike some companies...nokia...
Many other companies pay the royalty fee to Kodak, and Apple should not be any different.

 

[dmcdan0]

...how to lose friends and alienate people

 

[jav6454]

Apple should pay Kodak if Kodak proves the patents are there and related to Apple's iStuff.

I see they are not pursuing a huge lawsuit, rather just looking for the fee they are entitled. That is good, because it means Kodak is not another patent troll or jealous and dying company *cough* Nokia *cough*.

 

[ShiftyPig]

Apple should pay Kodak if Kodak proves the patents are there and related to Apple's iStuff.

I see they are not pursuing a huge lawsuit, rather just looking for the fee they are entitled. That is good, because it means Kodak is not another patent troll or jealous and dying company *cough* Nokia *cough*.

Bit insulting that a patent troll sells more phones than Apple tbf.

 

[Stella]

Apple should pay Kodak if Kodak proves the patents are there and related to Apple's iStuff.

I see they are not pursuing a huge lawsuit, rather just looking for the fee they are entitled. That is good, because it means Kodak is not another patent troll or jealous and dying company *cough* Nokia *cough*.

LOL.

Laugh of the day.

Unlike Apple, Nokia increased its smartphone marketshare in 2009 Q4, and increased its profits ( like Apple ). Doesn't sound like the hallmarks of a dying company.

Nokia had been talking to Apple for quite some time before launching a lawsuit - then Apple counter suited and the games began - Apple are no better.

Nokia Patent trolls? I think you need to learn the definition of the phrase 'patent trolls'.

 

[*LTD*]

LOL.

Laugh of the day.

Unlike Apple, Nokia increased its smartphone marketshare in 2009 Q4, and increased its profits ( like Apple ). Doesn't sound like the hallmarks of a dying company.

Anyone can flood the market with superfluity and then turn around and claim an increased share.

 

[Daphtdazz]

Come on, Apple...

Seems to me that Kodak is going about this very fairly, and Apple should really pay them what's due. I mean, I don't think it is seriously going to affect their cash-flow somehow, and like this it's just making them look like pricks.

 

[niuniu]

Kudos to Kodak, they're handling this very professionally.

 

[Marfnarfle]

Bit insulting that a patent troll sells more phones than Apple tbf.

Considering Apple only manufactures one phone and has been in the game for alot less time, I would say they've done a pretty good job!

 

[mccoma]

I consider Kodak a patent troll given the stretch and home-court advantage they used on Sun.

 

[Westside guy]

It'd be nice to have more specifics on this, since it refers to "ways to preview images" - so it's apparently not related to Kodak's horde of patents on actual imaging tech (e.g. various CCD-related technologies like Bayer filtering).

While I realize it's completely irrelevant to the actual legal case, the specifics would make it easier to determine if this case seems reasonable or if it's another one of those silly obvious patents that seem to be everywhere (along the lines of "a method to put on a pair of pants").

Certainly Kodak has spent lots of research money and deserves to be recompensed for stuff they've developed - however that doesn't preclude the possibility this doesn't fall into that category. It's just not possible to tell, since the story lacks any substantial information.

 

[jo0]

the only people that complain about success are those that feel like they are losing money over it...

 

[lilo777]

Anyone can flood the market with superfluity and then turn around and claim an increased share.

Are you talking about iPhone? Just kidding 😀

 

[wizard]

Take it from someone that lives in Rochester NY, Kodak is a dying company!

Apple should pay Kodak if Kodak proves the patents are there and related to Apple's iStuff.

I see they are not pursuing a huge lawsuit, rather just looking for the fee they are entitled. That is good, because it means Kodak is not another patent troll or jealous and dying company *cough* Nokia *cough*.

Sad to say but it is a reality, especially considering how many people I know that have been tapped there.

Now that doesn't mean they don't have a point or patent to argue about but it is pretty clear they want to establish revenues streams based on their patents. Management has pretty much said so. That in and of itself isn't a bad thing but it is no substitute for innovation and technology development.

It will be very interesting to see the facts laid out here. Sadly it sounds like a software patent issues which if so sucks.


Dave

 

[marksman]

Oh great. Shipments will be stopped because of all the weirdos who need every device to take pictures.

See why it is good not to have a camera on an iPad? No lawsuits from Kodak!

 

[scott911]

I support kodak

I support kodak, I've never known them to not be a good, ethical company.

 

[Darkroom]

"Patent Troll" is both overused and meaningless. it's like calling someone a "Life Troll" for living. please stop.

 

[Undecided]

There seems to be an uptick in these sorts of complaints/procedures. Nokia vs. Apple, Apple vs. Nokia, now RIM, Kodak, etc.

A lot of patents are held as a defensive measure - if they sue us, we can sue them right back. A sort of patent mutual assured destruction.

With this uptick, though, it seems like things are starting to spin out of control. Where will it end? What is gained by having every tech company suing* every other tech company?

*Suing, or complaining to some commission, etc.

 

[JAT]

Apple should pay Kodak if Kodak proves the patents are there and related to Apple's iStuff.

I see they are not pursuing a huge lawsuit, rather just looking for the fee they are entitled. That is good, because it means Kodak is not another patent troll or jealous and dying company *cough* Nokia *cough*.

Uh, it's not? I'd say they are very similar, except that Kodak hasn't been on top in any way for years.

 

[jav6454]

LOL.

Laugh of the day.

Unlike Apple, Nokia increased its smartphone marketshare in 2009 Q4, and increased its profits ( like Apple ). Doesn't sound like the hallmarks of a dying company.

Nokia had been talking to Apple for quite some time before launching a lawsuit - then Apple counter suited and the games began - Apple are no better.

Nokia Patent trolls? I think you need to learn the definition of the phrase 'patent trolls'.

Well I consider patent troll anyone like Nokia who is trying to ban a product they don't even compete against. Example, Mac and iPods. Nokia is celphone and should only seek to ban iPhone imports and not everything Apple.

Also selling small, gimped and voice only phones to third world countries does not make them a market leader in Apples playing area (smartphones). Increased smartphone marketshare? I'd like to see a reference to that because I can produce various references where Symbian (and nokia phones) are loosing market share. Just like IE bleeds it.

Uh, it's not? I'd say they are very similar, except that Kodak hasn't been on top in any way for years.

It is not good that Kodak is dying. What is good is that Kodak is handling this the best way possible, and not looking to ban stuff or get exorbitant amounts of cash in claims of damages. Nokia on the other hand wants to get a big fat paycheck for the iPhone and from stuff they don't even make, like Macs; and on top of that they want to ban all Apple imports (all as in no more Macs) into the US.

That is why Nokia is such a looser company and patent troll.

 

[mr.steevo]

Hi,

With all these patents floating around I soon won't be able to fart without infringing on a patent.

s.

 

[arjaosx]

Kudos to Kodak, they're handling this very professionally.

With the case against Psystar, I sided with Apple and hated Psystar.

With Nokia...they may have a point but I dislike their motives I am with Apple.

With Kodak on the same issue I am with Kodak, just because they approached this in a very professional manner. If Nokia handled it this way then I would have not disliked them.

 

[joueboy]

Patent!?

There is no doubt that some Kodak claims regarding some of its patents is valid. Previewing the image as their patent claim? Come on! Apple is been in a computer business for a very long time too. We all know that since back then we are previewing images on our computer screen. So what's the difference between my iPhone and my 2-3 decade old computer? It's just the size and the processing power adding some chips to put a calling capability. Therefore iPhone is a computer the smaller version of Lisa, iMac, Powerbook and so on and so forth. Only it has it's own version of OS and some limitations in functionality. As mentioned both parties cannot come up with decision that favors Kodak interest. Don't get me wrong, Apple is willing to pay what is due only the reasonable right amount. They already paid the company who produced the components like the camera, screen, processors and all the chips that comprises this device.

 

[escap0]

Ladies and Gents.. We may now have another reason why the camera was not included in the ipad even though the slot was machined.