A federal agency said on Friday that it would review Eastman Kodak Co’s high-stakes patent-infringement claim against technology giants Apple Inc and Research in Motion Ltd (RIM).
The US International Trade Commission (ITC) in Washington agreed to examine a judge’s finding in January that Apple’s iPhone and RIM’s BlackBerry don’t violate an image-preview patent the photography pioneer obtained in 2001.
The decision revives Kodak’s hopes of negotiating royalties worth US$1 billion or more. The agency’s six commissioners will decide by May 23 whether to alter the initial determination by its chief administrative judge, Paul Luckern, or let it stand.
PHOTO: REUTERS
Kodak spokesman Gerard Meuchner said: “We are pleased with the decision and we look forward to the next step in the process.”
Kodak’s shares jumped US$0.27, or 8.6 percent, to close at US$3.40 on Friday, then shot up US$0.72 to US$4.12 in after-hours trading.
They are trading in a 52-week range of US$2.90 to US$9.08.
Messages seeking comment from RIM were not immediately returned.
An Apple spokeswoman said the company had no comment.
After failed negotiations, Kodak filed a complaint against California-based Apple and Ontario-based RIM in January last year with the commission that oversees US trade disputes. It also filed two lawsuits against Apple in federal court, but it has not specified the damages it is seeking.
The company has amassed more than 1,000 digital-imaging patents, and almost all digital cameras rely on that technology. The 131-year-old camera maker has said it expects to continue to generate an average of between US$250 million and US$350 million annually through 2013 from licensing its digital technology. Over the past three years, it outpaced that figure, booking US$1.9 billion in revenue.
Separately, ITC judge James Gildea issued an initial ruling in a dispute between Apple and Nokia Corp on Friday, saying Apple did not infringe on five of Nokia’s patents.
Nokia, the world’s largest maker of cellphones, filed a complaint with the ITC in December 2009 alleging Apple’s iPods, iPhone and computers violate Nokia’s intellectual property rights. At issue were key features found in Apple products, including aspects of user interface, cameras, antenna and power management technologies, Nokia said at the time. The company claimed that the technologies in question help cut manufacturing costs, reduce gadget size and prolong battery life.
The cellphone maker began its patent fight with Apple in October 2009, filing its first patent infringement claim against Apple in Delaware. Apple filed a countersuit, claiming Nokia was infringing on a variety of its patents.
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