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ITC Judge Finds Kodak Patent Invalid In RIM Litigation

Research In Motion (NASDAQ: RIMM) today learned of an initial determination by Judge Pender at the U.S. International Trade Commission finding that Eastman Kodak's U.S. Patent No. 6,292,218 for digital cameras - the only Kodak patent asserted against RIM products at the ITC - is invalid. This is the second of two ITC Judges with technical backgrounds who have found Kodak's patent invalid.

On January 14, 2010, Kodak filed a complaint with the ITC alleging that certain RIM camera-enabled products infringe Kodak's '218 patent. On January 24, 2011, then-presiding Chief Judge Luckern found that RIM's BlackBerry® products do not infringe the Kodak '218 patent and that the '218 patent is invalid. The ITC Commissioners later modified the interpretation of the '218 patent and sent the case to Judge Pender for further proceedings. Today, Judge Pender issued an initial determination again finding Kodak's '218 patent is invalid. Thus, two experienced ITC Judges with technical backgrounds have come to the same conclusion that the Kodak '218 patent is invalid.

Today's initial determination is subject to a review and possible modification by the ITC Commissioners. Absent modification by a majority vote of the Commissioners of the ITC, Judge Pender's decision will become the final determination of the ITC. The ITC's final decision is scheduled for September 21, 2012.

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