UPDATE 2-Kodak loses a round in suit against Apple, RIM

Mon Jan 24, 2011 7:35pm EST

* Kodak filed claim in January 2010

* Decision by full ITC expected by May 23 (Adds responses from Apple and RIM)

SAN FRANCISCO Jan 24 (Reuters) - A U.S. International Trade Commission judge has issued an initial determination that Eastman Kodak Co's EK.N patent claim against Apple Inc (AAPL.O) and Research In Motion Ltd RIM.TO is invalid, Kodak said.

Kodak filed an ITC complaint against Apple and RIM in January 2010, claiming that Apple's iPhone and RIM's camera-enabled Blackberry infringe a Kodak patent related to a method for previewing images.

Despite the recommendation in the case by Administrative Law Judge Paul Luckern, Kodak said on Monday it expects the full ITC to rule its patent claim is valid and infringed by Apple and RIM.

The final decision by the full commission is expected by May 23, Kodak said.

"The ALJ's recommendation represents a preliminary step in a process that we are extremely confident will conclude in Kodak's favor," said Laura Quatela, Kodak's general counsel, in a news release.

Quatela said the same Kodak patent was upheld by a different judge at the ITC in the company's case against LG and Samsung.

Kodak is asking the ITC to prevent Apple and RIM from importing infringing devices, including certain mobile telephones and wireless communication devices featuring digital cameras.

Apple declined to comment on the judge's ruling.

In a statement, RIM said: "Absent modification by a majority vote of the commissioners of the ITC, Judge Luckern's decision will become the final determination of the ITC."

Kodak also has Federal Court actions pending against RIM and Apple in the Northern District of Texas and in the Western District of New York.

Shares of Kodak closed up 1.4 percent at $5.22 on the New York Stock Exchange on Monday. (Reporting by Gabriel Madway; Editing by Steve Orlofsky)

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