On May 21st, Judge Thomas Pender reaffirmed the decision of the late Chief Judge Paul Luckern that Kodak's patent was invalid. Kodak had requested that the full ITC commission rule on the suit and overturn the prior decision. Instead, the full commission agreed with the previous decision and ruled the '218 patent invalid. That gives RIM a legal victory. While the decision doesn't mean that the upcoming BlackBerry 10 OS will turn things around for the beleaguered manufacturer, perhaps it is one little sign that the winds of change are beginning to blow in RIM's favor.
source: RIM via Crackberry
On January 14, 2010, Kodak filed a complaint with the ITC alleging that RIM's camera-enabled products infringe Kodak's '218 patent. On May 21, 2012 Judge Pender reaffirmed the earlier finding of then-presiding Chief Judge Luckern that Kodak's '218 patent is invalid. Kodak requested that the full Commission review and modify that finding, but instead the ITC made final the decision that the Kodak '218 patent is invalid.
"RIM is pleased that both former ITC Chief Judge Luckern and ITC Judge Pender, and now the full Commission, have confirmed that the Kodak '218 patent is invalid," said Barbara Parvis, RIM Vice President of Litigation. "RIM respects the valid intellectual property rights of other companies, but will vigorously defend itself against improper claims."
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