Apple asks permission to sue bankrupt Kodak over patent infringement

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Apple Asks for Court Approval to Sue Bankrupt Kodak in N.Y. Over Patents
By Joel Rosenblatt - Wed Feb 15 05:01:01 GMT 2012

Apple Inc. (AAPL) asked a bankruptcy judge for permission to sue Eastman Kodak Co. (EK) over allegations it’s infringing patents that Apple says cover technologies used in printers, digital cameras and digital picture frames.

Apple said in a filing yesterday in U.S. Bankruptcy Court in New York that it intends to file a complaint against Kodak at the International Trade Commission and a corresponding suit in U.S. District Court in Manhattan based on patent-infringement claims. The suit will seek an order blocking Kodak’s infringement, according to the filing.

While arguing bankruptcy law doesn’t prevent the filing of infringement suits against a company in court protection, “Apple requests express authority from this court before it initiates the actions out of an abundance of caution,” the company’s lawyers wrote in the filing.

Kodak will have the right to ask the court to halt the district court case until the ITC makes its ruling, though a court order on that request “is not required before Apple commences” its lawsuits, Apple said in the filing.

Apple previously claimed it is the true owner of the image- preview patent that is the subject of infringement claims lodged against Apple and Research in Motion Ltd. The Cupertino, California-based company contends that it developed a digital camera in the early 1990s that it shared with Kodak, and that Kodak then sought the patent on the technology. Kodak has denied the allegations.

ITC Rejection

The U.S. International Trade Commission rejected the ownership arguments in a case that’s still pending at the Washington agency. Those arguments are also an issue in the lawsuit now on hold in federal court in Rochester, New York. In yesterday’s filing, Apple asked to move that case to Manhattan.

Kodak, the photography pioneer that introduced its $1 Brownie Camera more than a century ago, filed for bankruptcy Jan. 19 after consumers embraced digital cameras, a technology Kodak invented and failed to commercialize.

The company, based in Rochester, listed assets of $5.1 billion and debt of $6.8 billion in Chapter 11 documents.

Andrew Dietderich, a lawyer for Kodak, didn’t immediately return a call yesterday after regular business hours seeking comment on Apple’s filing.
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http://www.bloomberg.com/news/2012-...n-to-sue-bankrupt-kodak-for-infringement.html
 
That's pretty mean.


Apple previously claimed it is the true owner of the image- preview patent that is the subject of infringement claims lodged against Apple and Research in Motion Ltd. The Cupertino, California-based company contends that it developed a digital camera in the early 1990s that it shared with Kodak, and that Kodak then sought the patent on the technology. Kodak has denied the allegations.
ITC Rejection

The U.S. International Trade Commission rejected the ownership arguments in a case that’s still pending at the Washington agency. Those arguments are also an issue in the lawsuit now on hold in federal court in Rochester, New York. In yesterday’s filing, Apple asked to move that case to Manhattan.
Click to expand...

God. How many hours of court work will be used for this?


These patent trolls are a real cancer.
 
Had it above Mount Everest height with Apple and these ridiculous patent infringement cases. I'm a mere spectator to these false gladiatorial battles but this shit needs to stop. What a way to drive the term "a nation of laws" in to the rubbish tips.
 
Makes sense. All the Kodak patents will be up for grabs to the highest bidder soon. Apple wants to grab first dibs on what they can.
 
In the last month, Kodak has initiated suits against Apple (Jan 10), HTC (Jan 10), Fujifilm (Jan 13), and Samsung (Jan 18).

However, companies that want to countersue must ask for court permission since Kodak is under bankruptcy protection.
 
If this was HTC or Samsung suing Kodak, it would be like an orgy in here.
Everybody would be talking about how its Kodaks fault.
 
Nevasleep said:
If this was HTC or Samsung suing Kodak, it would be like an orgy in here.
Everybody would be talking about how its Kodaks fault.
Click to expand...



What? I never heard of HTC apologists XD

But the point of my anger is not Evil Apple, Bad Kodak...but these patents trials are an awful, awful practice.
 
Greyface said:
Cheebo and numble within a minute. I'm bailing out.
Click to expand...
It's standard practice to countersue in these patent infringement suits. You should know that by now, here you are arguing explaining about how Motorola deserved to sue first as a "defense" to a future suit; I offer the same type of explanation, only this time the defensive suit is after the initial suit.

http://www.neogaf.com/forum/showpost.php?p=30687179&postcount=205
Greyface said:
Motorola's suit was seen as a peremptory move against an expected Apple suit.
Click to expand...
 
SmokyDave said:
Shhhh, there's a hatin' to be done!


So, you didn't actually want an explanation then? Curious.
Click to expand...

numble said:
It's standard practice to countersue in these patent infringement suits. You should know that by now, here you are arguing explaining about how Motorola deserved to sue first as a "defense" to a future suit; I offer the same type of explanation, only this time the defensive suit is after the initial suit.

http://www.neogaf.com/forum/showpost.php?p=30687179&postcount=205
Click to expand...
It's Apple kicking a company while its down. The Kodak lawsuits in January were a last ditch attempt to stave off bankruptcy; Kodak already lost that bankruptcy fight. Apple is taking advantage
ITC Rejection

The U.S. International Trade Commission rejected the ownership arguments in a case that's still pending at the Washington agency. Those arguments are also an issue in the lawsuit now on hold in federal court in Rochester, New York. In yesterday's filing, Apple asked to move that case to Manhattan.
Click to expand...
Apple is trying to reopen a battle they were losing before the bankruptcy. If HTC, Fujifilm and Samsung were doing something similar then you'd have a point. Ok that's it. I'm really out.
 
homietheclown3.png


Stop! Stop! He's already dead.
 
My dad bought Kodak stock on the decline back in October when it was $2-3. He told me in December about it and I questioned what logic went into that purchase. Kodak has been a dying name...
I think his "friend" thought it was a great idea and he followed...

Just sent him a note asking if he dumped it...
 
Greyface said:
It's Apple kicking a company while its down. The Kodak lawsuits in January were a last ditch attempt to stave off bankruptcy; Kodak already lost that bankruptcy fight. Apple is taking advantage

Apple is trying to reopen a battle they were losing before the bankruptcy. If HTC, Fujifilm and Samsung were doing something similar then you'd have a point. Ok that's it. I'm really out.
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Are you intentionally not reading what you quoted? The case at the ITC is still pending and there's an additional lawsuit which Kodak filed against Apple and HTC earlier this year which covers additional patents.

http://www.businesswire.com/news/home/20120110007105/en/Kodak-Alleges-Patent-Infringement-Apple-HTC
 
Woz said:
Ok I really want to see Greyface defend explain this...
Click to expand...

giga said:
Are you intentionally not reading what you quoted? The case at the ITC is still pending and there's an additional lawsuit which Kodak filed against Apple and HTC earlier this year which covers additional patents.

http://www.businesswire.com/news/home/20120110007105/en/Kodak-Alleges-Patent-Infringement-Apple-HTC
Click to expand...
Are you not reading what I wrote? Those lawsuits Kodak filed against Apple and HTC (and against Fujifilm and Samsung a few days later) were before Kodak filing for bankruptcy on Jan 19. I think it was a bluff. If Apple's countersue is about that January lawsuit, and that's the proper way to handle it, then we should also see HTC, Fujifilm and Samsung requesting permission to sue Kodak right?
 
Greyface said:
Are you not reading what I wrote? Those lawsuits Kodak filed against Apple and HTC (and against Fujifilm and Samsung a few days later) were before Kodak filing for bankruptcy on Jan 19. I think it was a bluff. If Apple's countersue is about that January lawsuit, and that's the proper way to handle it, then we should also see HTC, Fujifilm and Samsung requesting permission to sue Kodak right?
Click to expand...
A big bluff? It was known that they were about to file for Chapter 11 in the first few days of January.

Yes, when a company files a lawsuit against, you probably should countersue.
 
spanks said:
Imagine how different things would be if patents could only be owned by the actual creators.
Click to expand...

Basically nothing of use would be mass produced for consumer use then. Unless assumingly the original creators could sell their patents to large corporations if they wanted to. Which then we'd end up in a very similiar mess that we are in now probably.
 
I'm never supporting Apple again. Can't stand the level of greed from this already ridiculously rich corporation, not to mention the labor abuse.
 
The Cupertino, California-based company contends that it developed a digital camera in the early 1990s that it shared with Kodak, and that Kodak then sought the patent on the technology. Kodak has denied the allegations.
Click to expand...

So Apple was idiotic and showed off its fancy new camera to Kodak before patenting it and Kodak took the initiative and patented it themselves. You snooze you lose Apple. Dragon's Den is always warning the inventors about this.
 
MadraptorMan said:
I'm never supporting Apple again. Can't stand the level of greed from this already ridiculously rich corporation, not to mention the labor abuse.
Click to expand...


So I suppose you won't buy a single product from Microsoft or Nintendo or one of the many other companies who have their products built in the exact same Foxconn factory as Apple?
 
Cheebo said:
What in the world does that have do with getting Kodak patents?
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I think only something truly drastic can stop all those damn companies from suing themselves every day of the week.
Or screw it, we should propably change law in such way that it would make it impossible to demand sales ban for any patent infrigment and instead just force licensing fees.
 
Greyface said:
Are you not reading what I wrote? Those lawsuits Kodak filed against Apple and HTC (and against Fujifilm and Samsung a few days later) were before Kodak filing for bankruptcy on Jan 19. I think it was a bluff. If Apple's countersue is about that January lawsuit, and that's the proper way to handle it, then we should also see HTC, Fujifilm and Samsung requesting permission to sue Kodak right?
Click to expand...

Who were they bluffing?

If they were bluffing Fujifilm, Apple, HTC, Samsung, they know they aren't going to get a settlement in a week.

Kodak probably has the most experience in the mobile patent wars--they've sued Apple, Fujifilm, Samsung, HTC, Sharp, LG, Sony-Ericcson, and RIM, all over mobile patents. They know how long these things take.

The same legal department and general counsel that signed off and prepared these lawsuits were the same ones that prepared and signed off on the petition for bankruptcy protection. They couldn't have been bluffing themselves, could they?

They initiated the suits prior to their bankruptcy protection filing because, after filing for bankruptcy, they would have to ask court permission to file the suits. §363(b)(1)* of the bankruptcy code would require Kodak to give notice to the party they are suing, notice to Kodak's creditors, request a hearing from the bankruptcy court, go to the bankruptcy court, argue in favor of pursuing a lawsuit, and get a ruling from the bankruptcy judge allowing the lawsuit to proceed. They would then have to go through all the normal steps required for a normal lawsuit.

It's obvious that they rushed these suits out the door before filing for bankruptcy protection, to save the time from having to ask the bankruptcy court for permission for each of these suits.

Kodak's patent suits are obviously to increase value of its patent portfolio in a potential sale or liquidation.

*If someone wants to correct my interpretation of the bankruptcy law, feel free. I am interpreting the use of the patents to sue the companies as usage outside of the ordinary course of business.
 
Didn't Kodak just recently launch a few patent lawsuits against Apple? The "I'm broke because I fucked up so let's sue everyone" kind?
 
Cheebo said:
So I suppose you won't buy a single product from Microsoft or Nintendo or one of the many other companies who have their products built in the exact same Foxconn factory as Apple?
Click to expand...

Nintendo's factories are made of fun and magic. How dare you insult Iwata's Magical Gaming Factory!
 
Outside of reservations behind the entire concept of how patents are being used in recent year I don't see anything wrong with this. They are defending themselves by counter-suing a company that sued them over patents.
 
AdrianWerner said:
I think only something truly drastic can stop all those damn companies from suing themselves every day of the week.
Or screw it, we should propably change law in such way that it would make it impossible to demand sales ban for any patent infrigment and instead just force licensing fees.
Click to expand...

But there is no way that will happen. iPad 3 is easily the most highly anticipated thing in the entire tech world this year. The outrage if it wasn't allowed to come out would be of unseen proportions. It's coming next month, no question.
 
I was under the impression that companies were required to attempt to protect their patents. Would it set a bad precedent in other court cases if Apple were to let another company slide with a patent infringement?
 
Cheebo said:
But there is no way that will happen. iPad 3 is easily the most highly anticipated thing in the entire tech world this year. The outrage if it wasn't allowed to come out would be of unseen proportions. It's coming next month, no question.
Click to expand...

Which is why it's propably just a method of forcing settlement out of Apple.
 
Are you guys bored with these "Apple legal battle of the day threads" yet? What new ground are we really breaking here by discussing every single legal situation Apple gets themselves into...either directly by them or pushed on them by others?

Who gives a shit?
 
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