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Print 18 comment(s) - last by lexluthermiest.. on Jul 8 at 1:24 AM

Bankruptcy court ignores Apple's claims

Back in February, Apple petitioned the bankruptcy court overseeing Kodak's proceedings to allow it to file a patent infringement suit against Kodak. Apple wanted to block Kodak's intention to auction off some of its massive patent archive. Apple's argument was that it owned as many as 10 of the patents Kodak was trying to sell.
 
Apple claims that in the 90s, it and Kodak had worked together on a digital camera and Kodak filed for related patents alone. Apple had intended to file infringement claim with the ITC originally, but the ITC rejected the claims. Apple has now been denied by the U.S. Bankruptcy Court in its attempt to file a patent suit in US courts against Kodak.
 
The court approved Kodak's request to kick off an auction for 1,100 patents despite the objections made by Apple. The courts are allowing buyers to submit bids on a confidential basis for the auction expected to be held early next month according to Kodak. Kodak has maintained that Apple's claims are baseless as are similar claims made by a company called FlashPoint.
 
"Today's ruling provides a court-approved process allowing buyers to acquire the patents free and clear of all ownership allegations, regardless of the status of the dispute with Apple and FlashPoint at the time of closing," said Timothy Lynch, Kodak Vice President and Chief Intellectual Property Officer. 
 
The company wants to auction off two patent bundles with one of the bundles containing 700 patents that cover image capture, processing, and transmission technologies used in digital cameras and other devices such as smartphones. The other patent portfolio has about 400 patents that cover tools for image analysis, manipulation, tagging, and network based services.

Kodak filed for bankruptcy in January of this year after being unable to compete against newer companies in the digital marketplace today. Kodak sprung to life in 1892 and was huge in the film and photography business before the advent of digital cameras.

Source: Google



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RE: State of the litigation
By bupkus on 7/3/2012 1:49:08 PM , Rating: 3
quote:
Does that mean the lawsuits are permanently dead; or just that whoever wins the Kodak auction gets the receiving end of several lawsuits thrown in free of charge?
Why do you think Apple petitioned the courts? Apple could have simply offered a bid at the auction themselves; after all, Apple does claim to have a huge cash war chest. Instead, they posture aggressively suggesting whoever does win some Kodak patents should expect a courtroom nightmare. Now Apple places their bids hoping to have intimidated other "competitor's" bids. As a competitor, other bidders now need to consider that the price of winning includes an additional expense (both a tax and a penalty) for moving in on a bigger dog's food bowl.
Once again we have Apple using their team of lawyers to reduce their competition.


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