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Kodak launches lawsuit against iPhone

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Jianwei Shu

on 27 April 2010

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Transcript of Kodak launches lawsuit against iPhone

Kodak launches lawsuit against iPhone Basic info of patent infringement Patent infringement consists of the unauthorized making, using, offering for sale or selling any patented invention within the United States or United States Territories, or importing into the United States of any patented invention during the term of the patent.
When patent infringement happens, the patentee may sue for relief in the appropriate Federal court. The patentee may ask the court for an injunction to prevent the continuation of the patent infringement and may also ask the court for an award of damages because of the patent infringement.
Background of Kodak in the field Words from Laura Quatela, the chief intellectual property officer of Eastman Kodak.
"We have invested hundreds of millions of dollars creating our industry- leading patent portfolio,"
"We've had discussions for years with both companies in an attempt to resolve this issue amicably, and we have not been able to reach a satisfactory agreement. In light of that, we are taking this action to ensure that we protect the interests of our shareholders and the existing licensees of our technology. Those devices use Kodak technology, and we are merely seeking compensation for the use of our technology in their products."
The digital imaging technology from Kodak has been licensed to approximately 30 companies, including LG, Motorola, Nokia, Samsung and Sony Ericsson, all of which are royalty bearing to Kodak. In the complaint against Apple and RIM, Kodak is seeking from the ITC a limited exclusion order preventing the importation of infringing devices. This includes certain mobile telephones and wireless communication devices featuring digital cameras.
General Description The photographic pioneer said on Thursday that it had filed a case in the Western District of New York against Apple and Canadian handset manufacturer Research in Motion, as well as an extra one against Apple, amid claims that they that were unfairly using technology patented by Kodak Eastman.
The case In all, two lawsuits were filed against Apple in the U.S. District Court for the Western District of New York. The first suit against Apple covers the previewing of images, and processing them at different resolutions. The second lawsuit alleges that Apple has infringed on patents that allow a computer to "ask for help" from another application to carry out certain functions.

Technical Reason The dispute revolves around a system for displaying previews of images that have been taken with a digital camera, which Kodak says it has patented. The second Apple case, meanwhile, involves the interaction between a camera and the software on a computer.
Apple sues kodak as well Apple lists the following two USPTO granted patents:

Apple Granted Patent 6,031,964: System and method for using a unified memory architecture to implement a digital camera device.
Apple Granted Patent RE38,911: Modular digital image processing via an image processing chain with modifiable parameter controls.

PATENTLY APPLE http://www.patentlyapple.com/
IPhone's ideas related to patent issues Here's a rundown of how many of the iPhone's ideas were allegedly ripped from other patents:
Image Previews: The subject of Kodak's lawsuit, Apple and RIM allegedly infringed a patent that allows image previews. Kodak successfully sued Samsung for the same thing last year, and the companies settled after inking a cross-licensing deal.
The App Store and iTunes: Affinity Labs contends that Apple infringes its method of browsing for and purchasing goods, such as music and apps, and transferring them wirelessly to a portable device such as the iPhone.
Multitouch: All those neat tricks you can do with your fingers to scroll around on the iPhone? Stolen, according to Taiwanese touchpad maker Elan. The lawsuit, filed in April 2009, also applies to the iPod Touch and MacBooks.
The Web Browser: EMG Technology says it invented a method for generating a sister Web site from an HTML document using XML. What's not clear is how that technology doesn't apply to every other mobile phone on the market.
Shazam: Apple didn't make Shazam, the cool app that names songs simply by listening to them, but that hasn't stopped Tune Hunter from suing Apple, along with Shazam Entertainment and others, for a method of identifying and purchasing songs.
Visual Voicemail: The way the iPhone displays voicemails in a menu that you can browse allegedly belongs to Klausner Technologies, which first patented the idea in 1994 and reinstated it in 2008.
Camera Sensor: Last March, Accolade Systems sued Micron Technology and its subsidiary Aptina Imaging over a patent related to detecting intensity saturation in camera sensors. Apple wasn't named in the lawsuit, but parts of the iPhone are mentioned.
Camera, Antenna, Power Management: It's not clear exactly what features Apple allegedly took from Nokia, but Nokia says ten of its patents have been used in "key features" of the iPhone. Apple countersued, claiming that Nokia infringes on 11 Apple patents.
The Whole Darned Thing: Los Angeles-based Minerva Industries claims that it holds a patent for a "Mobile Entertainment and Communication Device." A separate lawsuit names RIM, while yet another names 29 defendants including HTC, Motorola, LG, Palm, and all four major U.S. wireless carriers.
Similar cases of kodak On Dec. 17, Kodak won a similar suit against Samsung. An ITC judge ruled that patent No. 6,292,218 related to color image preview was valid and enforceable. The ITC determined that camera-equipped phones from Samsung violated the patent. Kodak hopes to have the same success against Apple and RIM.

The same patents in question regarding Apple were at the center of a lawsuit between Kodak and Sun Microsystems in 2004. A federal jury determined that Sun's Java programming had infringed on the patents in question, and Kodak settled the suit in return for a licensing agreement.

REFERENCE http://www.guardian.co.uk/technology/2010/jan/14/kodak-apple-blackberry
http://iphone.tmcnet.com/topics/iphone/articles/72806-kodak-patents-have-been-infringed-upon.htm
http://www.appleinsider.com/articles/10/01/14/kodak_lawsuit_accuses_apple_of_infringing_digital_imaging_patents.html
http://www.pcworld.com/article/186995/kodak_sues_rim_and_apple_over_lawsuitmagnet_iphone.html
http://www.iphoneworld.ca/news/2010/02/18/kodak-wants-iphone-ban/
http://www.patentlyapple.com/patently-apple/
http://inventors.about.com/od/patentinfringement/a/Infringement.htm
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