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ITC Delays Ruling on Kodak Suit Against Apple Until September 2012

ITC Delays Ruling on Kodak Suit Against Apple Until September 2012

The U.S. International Trade Commission has delayed the date for a final decision on Eastman Kodak’s patent infringement complaint against Apple. It has been pushed back from this month to September 2012.

AppleInsider reports that the delay is a significant setback as Kodak’s cash reserves continue to drain:

Kodak CEO Antonio Perez said earlier this year that the company is hoping for as much as $1 billion in royalty revenues. It received nearly as much from South Korean electronics giants Samsung and LG in a settlement over the same patent a few years ago.

But, with just $862 million in the bank as of Sept. 30, Kodak may not last until the ITC’s final ruling if current losses continue. Without any new patent licensing boons, the company bled $222 million in the third quarter of 2011. Perez remains optimistic, however, estimating that Kodak will end the year with $1.4 billion in the bank.

Kodak sued Apple in January 2010, charging that Apple had infringed on its image previewing patents. Research in Motion was also included in the complaint. An initial ruling was handed down by a judge in January of this year, absolving Apple and RIM, and declaring the patent to be invalid. In June, however, the commission upheld a portion of the ruling, also sending some portions of the case back to the judge.

When the presiding judge retired this summer, the company’s case was thrown into uncertainty. The extension is intended to provide a new judge ample time to review arguments from all sides.