Kodak says it is confident that its validity will ultimately be upheld
The US International Trade Commission has upheld a May ruling against Eastman Kodak Company in its patent case against Research In Motion (RIM) and Apple on a patent for previewing digital images.
ITC said it has upheld its judge's previous finding that the patent was invalid.
The decision could be a severe blow to Kodak, which was struggling to sell off nearly 1,100 patents in auction as part of the company's Chapter 11 bankruptcy protection proceedings, according to The Wall Street Journal.
Kodak said it would appeal the ruling.
Kodak has inked image-preview licenses with 32 companies including Samsung and LG which bought rights to use the technology for a combined $1bn.
RIM vice president of litigation Barbara Parvis said, "RIM respects the valid intellectual property rights of other companies, but will vigorously defend itself against improper claims."
In January 2010, Kodak had filed a lawsuit against the two companies that they had infringed its '218 patent related to an image-previewing system for cameras obtained in 2001.
In January 2011, the ITC had cleared Apple and RIM of charges in a preliminary ruling. In May, 2012 Judge Pender reaffirmed the earlier finding of then-presiding Chief Judge Luckern that Kodak's '218 patent is invalid.
Following the judgement, Kodak had requested that the full Commission review and modify that finding, but ITC found that the Kodak '218 patent is invalid.
Kodak was seeking royalties worth $1bn or more from Apple.
The decision comes after RIM was fined earlier this month for infringing MFormation Technologies patent.
Kodak had filed for Chapter 11 bankruptcy protection on 19 January and in June the company had secured a permission from bankruptcy court to sell more than 1,100 digital imaging patents, comprising of one-tenth of its patent portfolio, to raise money to pay off its debts.
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