* Kodak shares up in after-hours trading
* Kodak has also accused Apple, RIM of infringement
WASHINGTON, July 18 The International Trade
Commission on Monday upheld a decision by one of its judges
that Eastman Kodak EK.N did not infringe Apple Inc (AAPL.O)
patents for digital cameras.
Apple had filed a complaint with the ITC in May 2010,
accusing Kodak of infringing patents for making digital cameras
and related software. The ITC administrative law judge said two
months ago that Kodak did not infringe the patents.
Kodak's share price has been volatile on patent suits, and
briefly rose more than 5 percent after the ruling in
after-hours trading before paring those gains. The stock closed
8 percent lower at $2.52 on the New York Stock Exchange on
The ITC is also considering a Kodak suit against Apple and
Research in Motion RIM.TORIMM.O. Kodak, in its complaint
filed in January 2010, argued that Apple's iPhone and RIM's
camera-enabled Blackberry infringed on a Kodak patent related
to a method for previewing images.
There are also patent lawsuits between the two in district
Investors have been watching Kodak's patent infringement
suits against digital camera makers closely, hoping for major
"We are pleased that the commission has confirmed the ALJ's
finding that there is no violation by Kodak," said Kodak
spokesman David Lanzillo.
Apple declined to comment.
Kodak settled similar patent disputes with LG Electronics
Inc (066570.KS) and Samsung Electronics (005930.KS) in 2009 and
2010, respectively. The two South Korean consumer electronics
makers agreed to pay Kodak $400 million and $550 million,
respectively, to license its technology.
Many investors see Kodak's value in its lucrative patent
portfolio. It has more than 1,000 patents and it made an
estimated $630 million in 2010 from its licenses, according to
Kodak expects to generate $250 million to $350 million in
revenue each year through 2013 from licensing.
Companies that allege their patents have been infringed
generally sue in district courts to win financial damages and
also at the ITC, which can bar infringing products from being
imported into the United States.
The complaint at the International Trade Commission is No.
(Reporting by Diane Bartz and Liana Baker; Editing by Carol
Bishopric and Richard Chang)