Looks like Kodak CEO Antonio Perez will have to wait a while longer before he knows if hes in for a big patent infringement payday.

The U.S. International Trade Commission issued a split ruling today on Kodaks suit charging that Apple’s iPhone and Research In Motion’s BlackBerry violate its patent on an image-preview function in smartphones. The commission did some upholding, some modifying and some clarifying (mostly not helpful to Kodaks cause) and ultimately sent the preliminary findings back to the administrative law judge for further review. The commissions new target date is Aug. 30 unless the judge sees the need for more time.

Kodak looked for the brightest spot it could find in the news and expressed continued confidence. After-hours investors, not so much.

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