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Investigation Could See iPhone, Blackberry Ban

- By - Source : Tom's Guide US

No more iPhones or Blackberrys? Say it ain't so!

Back in January, Kodak filed a complaint claiming Apple and Blackberry maker, RIM, were both infringing upon a patent owned by the camera company. Kodak alleged that Apple's iPhone and any Blackberry with a camera use a method for previewing color images and processing images that is covered in a Kodak patent. In its complaint, Kodak asked the FTC to block the importation into the U.S. of the allegedly infringing products.

Given that Kodak has filed similar suits against Samsung and LG in the past and currently licences out the technology to Samsung, LG, Sony Ericsson, Motorola and Nokia, it's a safe bet that there is at least some truth to Kodak's claims. All the more interesting, then, that the ITC is currently investigating the situation and could block the sale of iPhones and Blackberrys in the U.S.

The U.S. International Trade Commission announced on Wednesday what it would launch an investigation into whether or not Apple and RIM are infringing on the patent. The USITC reiterates Kodak's wish to issue an exclusion order and cease and desist orders but says it has not yet made any decisions on the merits of the case.

In January Kodak said it had warned both Apple and RIM about their infringements before filing the complaint.

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astrodudepsu 02/18/2010 8:03 PM
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tenor77 02/18/2010 8:05 PM
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astrodudepsu :
Did MS ever actually have to quit selling office? If not, then the iphone and BB's are safe.



They had to change it actually.

If Kodak wins they'll pay fines, and they'll buy a license.......and Apple will no doubt levy some fee to their customers in some manner.

lejay 02/18/2010 8:13 PM
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tenor77 :
They had to change it actually.If Kodak wins they'll pay fines, and they'll buy a license.......and Apple will no doubt levy some fee to their customers in some manner.


Funny how an increase production cost for a product increases its sales price...
It's a conspiracy!

chomlee 02/18/2010 8:13 PM
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I hope this hurts apple (although it probably wont). Ever since Xerox gave them the gui interface and mouse idea, they pretty much feel like all technology is up for grabs as long as no one is taking theirs. Look at all the crap they are going through with the trademark name "IPAD"! I am sure they new about it from the begining but I could just see Jobs and the others in the board room discussing this when they came up with the name "What are they going to do... Sue us? Go ahead... Were Fu##in Apple"

deadlockedworld 02/18/2010 8:17 PM
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lashton 02/18/2010 8:20 PM
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guruofchem 02/18/2010 8:26 PM
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Lashton - not a chance...

This is Kodak doing a wallet job on the 2 most successful device makers in the space currently. They want to get paid, and halting sales kills the goose that lays the golden license fees...

slaphappy 02/18/2010 8:32 PM
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helldog3105 02/18/2010 8:37 PM
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And guruofchem's statement that it's just Kodak looking to make money can be backed by the fact that they waited until the products were very successful before bringing this to court. If this was to truly protect their IP, Kodak would have sued the instant these products came to the market. What it appears that Kodak is trying to do is leverage some court support against Apple and RIM so they can force them to pay a licensing fee. It's all about money, and if anyone tells you that business is about money they are lying to your face.

thepetey 02/18/2010 8:37 PM
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helldog3105 02/18/2010 8:38 PM
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it's supposed to be if anyone tells you that business isn't about money they are lying to your face. We really could use an edit button please.

jsc 02/18/2010 8:49 PM
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Karma.

JohnnyLucky 02/18/2010 8:55 PM
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They will compromise. The end result is Apple will pay a licensing fee. It's business as usual.

climber 02/18/2010 9:04 PM
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I can see Kodak forcing Apple and RIM to push software updates which disable the cameras in the blackberrys and iPhones and iPods and if you're not using the newest software past a certain date then your device won't work at all... This of course is contingent on neither company paying a fine and getting a licence for the tech. Seems Kodak since it can't sell film anymore is trying to keep itself afloat they way Rambus is keeping itself afloat.

brendano257 02/18/2010 9:07 PM
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The old way of making a patent "Write your idea that works down so no body can use it without your permission."

The new way "Write the most ambiguous idea you can think of and cover the broadest spectrum, wait, and sue away."

It's just too bad.

pelomixa 02/18/2010 9:15 PM
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LOL Apple knows how to play rough? What a joke... Apple deserves quite a few slaps in the face, and I'm anxious to see this happen, considering they violated the law and obviously dont give a rats ass. Yet that skinny prick Jobs complains about google entering the phone market?


Pelomixa

rantoc 02/18/2010 9:20 PM
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Of the ten latest topics six were directly or indirectly of Apple, what have happened to Toms Hardware ? Really ? Why not rename the site to IToms Hardware - We only type all we can find about one brand and ignore the rest!

SininStyle 02/18/2010 9:26 PM
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Quote :Given that Kodak has filed similar suits against Samsung and LG in the past

Quote :In January Kodak said it had warned both Apple and RIM about their infringements before filing the complaint.


So this argument has gone Kodaks way before, Kodak warned Apple and RIM before hand...

Why exactly all the hate toward Kodak? Seems to me this is by far the fairest lawsuit ive seen in months. Its happened before and a warning and yet they STILL went with the " whatever we gona do it anyway" attitude. Pretty sure Kodak deserves this payout after all that. Bigger companies thinking they can just take whatever they want and deal with the collateral later with a check. They knew well in advance this wasnt gona fly. I hope Kodak makes out huge.

climber 02/18/2010 9:45 PM
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weegee64 02/18/2010 9:54 PM
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No, climber, it will only hit people who choose to buy overpriced Apple products (just look at the iPad profit margins article). Apple can easily afford some licensing fees in there.

hakesterman 02/18/2010 9:54 PM
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This Lawsuit isn't going anywhere. If they had a beef with Apple or the makers of blackberry phone, they
should of made their claim before the phones were released or within 30 days after. The Iphone is now
three years old, this lawsuit is filed so late that there is no judge on this planet that is going to allow this
to go forward.

extremepcs 02/18/2010 9:59 PM
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I wish they would just ban all cellphones. Maybe then I could actually enjoy a movie without some &%^&ing 16 year old kid texting in front of me... or the dbag wearing his bluetooth with flashing lights, or the lady talking on her phone while trying to park her car... Sorry, I just hate cell phones. All of them equally.

cekasone 02/18/2010 10:02 PM
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like i said a couple of days ago, can we not go at least 1 week without another patent infringement lawsuit.

TeraMedia 02/18/2010 10:16 PM
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If Apple and RIM each independently reached the design of whatever was patented, then my condolences go to them and their customers, because they now have to pay for something (a design) that they already paid for independently (in R&D costs). This is what's wrong with the patent system: it's too easy to patent something that is too obvious. Besides, IBM already patented the idea of being a patent troll.

If Apple and RIM used technology that had been developed by Kodak (e.g. an ingenius, real-time algorithm for processing a series of jpeg images using a low number of CPU cycles to provide video from a camera), and they refuse to pay for it, then that is clearly theft. Whether or not they acquired the technology from a 3rd party doesn't matter. It's still stolen goods. Samsung, LG, Sony Ericcson, Motorola and Nokia all pay for these goods and still manage to market a product profitably (well, most of them do, anyway...). Apple and RIM don't get to have a free R&D ride at Kodak's expense. Imagine for a moment if you were a research engineer at Kodak who lost his job because they couldn't afford to pay you anymore because too many companies just stole the technologies you invented, such as this one, rather than pay license fees. That would suck, and would also mean less innovation in the world.

grieve 02/18/2010 10:20 PM
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chomlee :
I am sure they new about it from the begining but I could just see Jobs and the others in the board room discussing this when they came up with the name "What are they going to do... Sue us? Go ahead... Were Fu##in Apple"


Exactly, all the HUGE companies do this i bet.

Anonymous 02/18/2010 10:56 PM
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Perhaps there's a patent on displaying images on an LCD screen too!
If so, then all companies, including Kodak infringes on this!

Montezuma 02/18/2010 11:17 PM
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dman3k 02/18/2010 11:19 PM
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Wait a minute here, are these fanbois supporting Apple when they copy-and-paste other companies technologies???

Woah! Apple's greatest innovation is their ability to copy from other companies and continue to get away with it.

kingnoobe 02/18/2010 11:50 PM
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LMAO@Hake good to see you don't know what you're talking about. Go look up some patent suits *that won* and see how long they waited before filing before you make such a stupid statement.

Kodak warned them. They didn't listen, and now their being sued. Seems fair to me. Just big companies playing games with each other just another day in the business world.

sicundercover 02/18/2010 11:52 PM
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astrodudepsu :
Did MS ever actually have to quit selling office? If not, then the iphone and BB's are safe.



One big difference, the company that owned the patent that MS used didnt have the massive war chest that Kodak does. Kodak is not a company you want to mess with.

Anonymous 02/19/2010 1:33 AM
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Wow, lots of ignorant fools in here. I love the one about the iPad operating costs! That device isn't even out yet! All cost analysis is pure speculation. And the stuff about Apple stealing everyones great ideas! Priceless! If the companies that Apple allegedly stole from actually did something with said great ideas, then Apple would be paying them for it. Shit or get off the pot. And complaints that Tom's has too many Apple stories, maybe you missed the fact that this is Tom's HARDWARE. News about HARDWARE. Apple makes HARDWARE. Their stuff generates newsworthy stories. Tom's reports. Get over it.