Kodak Lawsuits Allege Apple, RIM Violate Camera Patents

The complaints, which Kodak announced in a statement on Thursday, allege that an image preview feature used in Apple iPhone and RIM BlackBerry infringes on a digital imaging patent Kodak owns.

Kodak has also filed two separate lawsuits against Apple in U.S. District Court for the Western District of New York. One suit alleges Apple is violating two Kodak patents for image preview and image resolution on the iPhone, and another alleges Apple is unlawfully using a Kodak patent that lets computer programs "ask for help" from other computer programs to perform certain functions.

Kodak's complaint against both Apple and RIM was filed with the U.S. International Trade Commission and asks that mobile phones with digital cameras that use Kodak's technology be denied import to the United States unless Kodak is fairly compensated by Apple and RIM.

"In the case of Apple and RIM, 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," said Laura Quatela, Kodak's chief intellectual property officer and vice president of Eastman Kodak, in a Kodak statement. "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."

According to Kodak, it receives royalties for similar digital imaging technology used by other mobile device makers like Motorola, LG, Nokia, Samsung and and Sony Ericsson.

In December, an ITC Administrative Law Judge ruled in Kodak's favor in a complaint against Samsung on similar grounds.

One of Kodak's Apple lawsuits also has precedent. Kodak filed a complaint against Sun Microsystems in 2002 alleging that Sun's Java violated Kodak patents on similar "ask for help" grounds. That suit was settled out of court in Kodak's favor in 2004.

"Our primary interest is not to disrupt the availability of any product but to obtain fair compensation for the use of our technology," Quatela said. "There's a basic issue of fairness that needs to be addressed. Those devices use Kodak technology, and we are merely seeking compensation for the use of our technology in their products."

Requests for comment to Apple and RIM were not immediately returned Thursday.