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  (Source: engadget.com)
U.S. bankruptcy judge tells Apple to take a hike, Kodak has enough problems on its hands

A U.S. bankruptcy judge has told Apple to quit kicking Kodak while it's down, and ordered that the tech giant not proceed with its patent infringement claims against the bankrupt photo company.

Last month, Apple asked a bankruptcy judge for permission to sue Kodak for patent infringement regarding a digital camera Apple said it created along with Kodak in the 1990s. More specifically, the patent is a digital camera that can preview images on a LCD screen. Apple claims Kodak moved ahead with patenting the camera on its own though, and proceeded to file the claim with the International Trade Commission (ITC) and the U.S. District Court in Manhattan last month. Apple now fears that the patent might be sold during Kodak's bankruptcy, and wants to resolve this ownership argument quickly.

Eastman Kodak filed for bankruptcy on January 19, 2012 in the federal bankruptcy court in the Southern District of New York. While it seems as if Apple is taking advantage of Kodak's position, Kodak was apparently well enough to send a patent infringement lawsuit at Apple first in January, which also targeted Motorola Mobility.

Apple argued that the ITC shouldn't even bother with the claims because of Kodak's bankruptcy filing, but Kodak responded saying that bankruptcy isn't stopping Apple from expanding its digital imaging technology. Apple launched the patent infringement lawsuit the very next month.

But U.S. Bankruptcy Judge Allan Gropper is putting a stop to Apple's lawsuit against Kodak, saying that it would be an "inappropriate way forward" to allow Apple to attack Kodak only months after filing bankruptcy. Gropper added that the first month and a half or so are most difficult in a bankruptcy case and that Kodak needs some time to reorganize.

"The first 45 days are difficult in any bankruptcy case," said Gropper. "The debtor has dozens of balls in the air, dozens of matters to take care of. What's the need for immediate relief?"

Kodak said Apple is purposely trying to slow the patent sale process, where Kodak must seek approval for bidding procedures at a patent auction by June 2012 under the terms of its $950 million bankruptcy loan. The patents are worth between $2.2 billion and $2.6 billion.

Apple may be looking to file a new lawsuit, but Gropper said that Apple's intention to "seek damages for money owed after Kodak's bankruptcy appears to be disingenuous."

Kodak is already starting the sale process, where just one week ago, it struck a deal with Shutterfly to sell off specific assets of the KODAK Gallery online photo services business. In addition, Kodak bailed on the digital camera market last month.

Sources: Reuters, The Wall Street Journal



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A few facts wouldn't hurt
By Tony Swash on 3/9/2012 11:59:32 AM , Rating: -1
Kodak sued Apple first.

Kodak sued Apple Inc. and Research In Motion (RIM) in January 2010, filing two lawsuits against Apple and a complaint with the U.S. International Trade Commission against both Apple and RIM, alleging Apple's and RIM's phones infringe on a Kodak digital imaging technology, after the companies refused to pay patent royalties on Kodak's digital camera technology.

Apple claims that the Kodak law suite relates to technology jointly developed and co-owned by the two companies when they collaborated on Apple's QuickTake camera which was one of the first consumer digital camera lines built for Apple by Kodak.

It looks as if Kodak, facing finacial implosion, decided to try to milk the QuickTake work to screw some money out of Apple. Apple fought back and is seeking to prove it jointly owns the patents that arose from the Apple-Kodak collaborative effort. Apple does not want the patent portfolio in question passed on to third parties as part of Kodaks bankruptcy proceedings without the issue of joint ownership being resolved first.




RE: A few facts wouldn't hurt
By MZperX on 3/9/2012 12:01:45 PM , Rating: 2
Good point. I'm down with the "APPLE, Y U NO STOP SUING EVERYBODY?" crowd as much as the next guy, but in this case the background of the story is important.


RE: A few facts wouldn't hurt
By V-Money on 3/9/2012 12:55:18 PM , Rating: 5
Am I the only one that actually reads the story.

Tony:
quote:
Kodak sued Apple first. Kodak sued Apple Inc. and Research In Motion (RIM) in January 2010, filing two lawsuits against Apple and a complaint with the U.S. International Trade Commission against both Apple and RIM, alleging Apple's and RIM's phones infringe on a Kodak digital imaging technology, after the companies refused to pay patent royalties on Kodak's digital camera technology.


Article:
quote:
While it seems as if Apple is taking advantage of Kodak's position, Kodak was apparently well enough to send a patent infringement lawsuit at Apple first in January, which also targeted Motorola Mobility.

It also links this article regarding the patent http://www.dailytech.com/Kodaks+Patents+Maybe+be+W...

Tony:
quote:
Apple claims that the Kodak law suite relates to technology jointly developed and co-owned by the two companies when they collaborated on Apple's QuickTake camera which was one of the first consumer digital camera lines built for Apple by Kodak.


Article:
quote:
...a digital camera Apple said it created along with Kodak in the 1990s. More specifically, the patent is a digital camera that can preview images on a LCD screen.


Tony:
quote:
Apple fought back and is seeking to prove it jointly owns the patents that arose from the Apple-Kodak collaborative effort. Apple does not want the patent portfolio in question passed on to third parties as part of Kodaks bankruptcy proceedings without the issue of joint ownership being resolved first.


Article:
quote:
Apple now fears that the patent might be sold during Kodak's bankruptcy, and wants to resolve this ownership argument quickly.


My point is, a little comprehension goes a long way.


RE: A few facts wouldn't hurt
By Makaveli on 3/9/2012 12:42:21 PM , Rating: 5
Tony were still waiting for that list of applications that run better on an Ipad than on a laptop!

Please get on it sir!


RE: A few facts wouldn't hurt
By Cheesew1z69 on 3/9/2012 2:14:35 PM , Rating: 3
I wouldn't hold my breath if I were you. We all know he is full of shit so I don't expect any type of response to this.


RE: A few facts wouldn't hurt
By Tony Swash on 3/9/12, Rating: -1
RE: A few facts wouldn't hurt
By Cheesew1z69 on 3/9/2012 7:32:14 PM , Rating: 4
quote:
Wake up - being in a coma is boring!
Wake up - being an iTool is pathetic.


RE: A few facts wouldn't hurt
By martyrant on 3/9/2012 9:47:08 PM , Rating: 2
Has the iPlug gone so far up your rear it's destroyed your brain, sir?

What kind of skewed reality are you living in? You are certainly contributing to the problem that the hollywood film Idiocracy has been so kind to depict for us.


RE: A few facts wouldn't hurt
By domezone on 3/11/2012 3:58:38 AM , Rating: 2
Is there any way around polarization of thought? I don't have any apple products at my apartment nor at my work. I do not actively seek apple product news nor do I anticipate launch dates. Even though that is the case, I can rationalize the usefulness of products produced by apple. I can see the changes that have swept over the technological industry which are largely based on key apple products or services.

Apple didn't invent the tablet but after it was produced, how many follow companies followed suite. Trying to get a piece of the pie. Apple makes products that I happen to find interesting enough to research but just like every business, price points are based not be the revolutionary tech wizards. Or if they are, there greedy jerks.

The Ipad has a purpose for every situation, an example would be : If you didn't have any other electronic device and you needed to do nearly anything on the internet, would you choose to not use the Ipad or would you opt for it's use.

Because the Ipad can do many things a laptop or desktop can, regardless of if it mirror matches the performance or not, it has uses in every situation a laptop or desktop can be used in. You don't have to select one or the other and polarize your thought process. It isn't yes or no, good or bad.

You don't have to be an Itool to respect it's abilities.

BTW Iran's windows based computers are questioning how well windows holds up in enterprise situations :O


RE: A few facts wouldn't hurt
By Cheesew1z69 on 3/11/2012 12:58:38 PM , Rating: 2
quote:
You don't have to be an Itool to respect it's abilities.
No, you don't but when you defend them at all costs, even when they are in the wrong, that's an iTool...Tony Swash and TesterGuy, perfect examples of iTools...


RE: A few facts wouldn't hurt
By testerguy on 3/12/2012 7:59:55 AM , Rating: 2
Coming from the Dailytech monkey - who never offers any logical reason why anything any of us say is 'wrong'.

Which is the point, you hate Apple regardless exactly as you claim we do the opposite of. The difference is, we actually present logical arguments. Look at your posts in this thread, you offer nothing.

As I said, you're the DailyTech monkey.


RE: A few facts wouldn't hurt
By Cheesew1z69 on 3/12/2012 1:34:28 PM , Rating: 2
quote:
who never offers any logical reason why anything any of us say is 'wrong'.
Right...unlike you eh? Everyone else offers this, why do I need to offer anything extra? They say it all. Look at ALL your posts, you offer NOTHING at ALL except your complete and utter BIAS....

This is the reason is your a joke...

I may be a "monkey" as you put it, but you are a moron plain and simple.


RE: A few facts wouldn't hurt
By palladium on 3/10/2012 5:43:22 PM , Rating: 1
1. Laptop, because if the diagram is complex, you'd need faster hardware to complete the rendering.

2. Three pages summary? I wouldn't write that without a keybaord.

3. I'd take the iPad along with me to make notes as I make the visits, but the final report would be done on the Dell (especially if I need to construct charts/graphs etc)

4. This one is easy - most hospitals around the globe are not satisfied with the security requirements of Apple products (not just iPads). Most medical applications (currently) do not support the iPad. In fact, in Japan, one doctor is in charge solely to type notes in a laptop as the ward round progresses.

5. Who is David Hockey? :P

Just admit it, for enterprise stuff PC/laptop >> iDevices. Not saying that won't change, but that's gonna be the way for the forseeable future.


RE: A few facts wouldn't hurt
By testerguy on 3/12/2012 8:08:43 AM , Rating: 2
1 - Yeah because a laptop has faster hardware? Good luck with that. Take a sub $500 laptop, try to load safari on it. Then wait. Do the same on iPad. No wait. Rendering also far superior on iPad.

2 - 3 page summary you completely missed the point. Not only will the iPad let you dictate the words, if that's an option, he also stated why there is no legroom to pull out a laptop, he said 5 hour flight so the laptop probably wont last that long anyway, and he also said that the content was already available in other files so it's not about typing.

3 - So you'd prefer the iPad in that case then.

4 - Your claim of 'most hospitals' is simply nonsense:

http://www.appleinsider.com/articles/12/01/02/hosp...

They are selecting iPads for a reason.

You seem to think that PC/Laptop > iDevices is a fact, it's really that delusion which drives your whole rant. It's actually in enterprise that some of the biggest applications of the iPad can be found, and I see them popping up in industry all over the place. Delivery guys asking me to select the frozen goods I want, or picking up subscriptions where I have to sign electronically, anywhere where touch screen is more practical (ie anywhere where you don't have place for a mouse mat), anywhere where you're moving around - there are just hundreds of examples.

In raw hardware terms, you can't get a laptop which matches the performance (including battery life) of the iPad 3 - ANYWHERE, at ANY price. Let alone for $500. You can get a keyboard dock for the iPad very easily and using onlive you can even use Windows 7 on it, if you need, or Flash or Excel or anything.


RE: A few facts wouldn't hurt
By rlandess on 3/12/2012 11:30:10 AM , Rating: 1
I say bullshit to everything you've stated and I have 12 years in IT.

1st- Make your case for Apple in an enterprise situation without using an Apple enthusiast magazine.

Every time I've had to work with Apple products we've had to bend our network to fit Apples idea of how a device should interact. Apple never designs a product to fit industry standards and that is why they are pathetic in a enterprise environment.

iPads cannot touch the raw performance of a laptop. For instance:

Acer Aspire AS5560-7402 Notebook AMD A-Series A6-3420M(1.5GHz) 15.6" 4GB Memory DDR3 1066 500GB HDD 5400rpm DVD Super Multi AMD Radeon HD 6520G -$499 free shipping

Can play Crysis 2 at a playable FPS.

it not apples to oranges but what similar type of game can you play on an iPad?

As far as loading time for Safari. Find a better browser. Firefox loads in <1 second on my sub $500 laptop.


RE: A few facts wouldn't hurt
By rlandess on 3/12/2012 11:05:07 AM , Rating: 1
Imagination is definitely an issue here. The problem is that tablets really hit their peak of usefulness - only in our imagination.

Bouncing through a mountain pass while creating a diagram to send through your tethered iPhone?

How is that a situation based in reality? It's a situation cooked up for a bad commercial.

Tablets are for entertainment and convenience like on the plane - sure they can be handy in a tight spot, or on the couch, because you're just browsing youtube anyway.

Your scenarios don't reflect the real world situations that you're trying to claim tablets excel in. While bumping around on the mountain pass won't just fat finger the heck out of your on screen keyboard.

In a major "conference" wouldn't you want the ability to switch very quickly between active programs to be able to multitask more effectively.

I can appreciate the idea of doctors going from room to room with nothing but a sleek tablet but a tablet can't do everything more efficiently and reliably than the status quo of PC's and paper on clipboards. It's not to say that Tablets aren't handy but they aren't generally built to be used 24-7 in a demanding environment. Like most consumer electronic crap they have a limited usefull life.

I'm not taking a crap on tablets - they have a place. but as they are today, in real world usage, and in realistic scenarios they are not a replacement for a PC, just a handy accessory.

Keep iDreaming man, at least the world you live in sounds fun - even if it's only in your imagination.


RE: A few facts wouldn't hurt
By Lord 666 on 3/10/2012 6:55:37 PM , Rating: 2
Can think of one... Adobe Acrobat Reader.

Had to skim through a 500+ page PDF and searching for specific words was faster on my iPad 2 vs my 2009 Ion based netbook with 2gb memory and Intel 320 SSD.


RE: A few facts wouldn't hurt
By testerguy on 3/12/2012 7:57:53 AM , Rating: 2
quote:
Tony were still waiting for that list of applications that run better on an Ipad than on a laptop! Please get on it sir!


How about any game? No sub $500 laptop which has a 9/10 hour battery life will game at anything like the resolution of the new iPad. That's 40,000 examples right there.


RE: A few facts wouldn't hurt
By retrospooty on 3/12/2012 8:29:07 AM , Rating: 2
"How about any game? No sub $500 laptop which has a 9/10 hour battery life will game at anything like the resolution of the new iPad. That's 40,000 examples right there."

Careful testerguy, your agenda is showing... This comment is exactly why no-one takes you seriously.

I applaud Apple for going with high res screens. It's a great move and will force the rest of the industry to raise their collective bars. We all benefit from that, anything at all that helps usher in the end of 1366x768 screens is good by me.

But only in your skewed head does this make an argument for all games running better on an ipad. Its just a res increase. You have managed to totally change the subject to try and make Apple products appear in a better light. As if the ipad is a real gaming device LOL. Its a great product, and has alot of "cute" games for it, but couldnt be further from a real gaming machine.


"Nowadays, security guys break the Mac every single day. Every single day, they come out with a total exploit, your machine can be taken over totally. I dare anybody to do that once a month on the Windows machine." -- Bill Gates














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