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Apple Computer Inc. has successfully defeated a second challenge to its ColorSync software by a company that claims it owns the patent on the technology. In an unpublished decision released Thursday, the U.S. Court of Appeals for the Federal Circuit upheld a lower court’s decision to toss the case, brought by Imatec Ltd., headquartered in New York. Imatec and its founder, Hanoch Shalit, alleged that Apple infringed on technology Shalit developed which better matches the color values appearing on a computer monitor with photographic reproductions of the image. In throwing out the $1.1 billion claim, a federal court in New York not only ruled that ColorSync is non-infringing, but that Imatec did not own the patent it claimed. Apple, represented by Daniel Johnson Jr., a partner at Fenwick & West in San Francisco, produced an agreement between Shalit and a company he once worked for which ascribed rights to the technology to the company, the court found. “Having properly concluded that Dr. Shalit did not own the rights to the patent, the district court correctly concluded that both he and Imatec lacked standing to bring this infringement suit,” Judge Arthur Gajarsa wrote.

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