Judge Snubs Apple, Allows Kodak Patent Auction to Proceed
July 3, 2012 9:40 AM
comment(s) - last by
Bankruptcy court ignores Apple's claims
Back in February, Apple
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
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.
This article is over a month old, voting and posting comments is disabled
RE: State of the litigation
7/8/2012 1:17:28 AM
Actually, your interpretation is incorrect. Any patents sold from this bankruptcy shall be immune to infringement litigation. However, in Apples' case, they could file a claim with the patent office to invalidate the patents based on the possibility that they were awarded improperly. But because of the bankruptcy, Apple would not be able to re-file the patents. They would become public domain. This kind of thing has happened before and this is how it often turns out.
Apple will not gain the patents but they will, along with anyone else, be able to use them without penalty.
"People Don't Respect Confidentiality in This Industry" -- Sony Computer Entertainment of America President and CEO Jack Tretton
Kodak Files Motion to Clear Way for Competitive Auction of Patents
June 12, 2012, 9:00 AM
Judge to Apple: Leave Kodak Alone
March 9, 2012, 9:55 AM
Apple Sues Kodak in Manhattan District Court, Takes Advantage of Film Giant's Poor Position
February 15, 2012, 12:30 PM
Tech's Tax Day Fortunate Few: Qualcomm, Xerox, GE, et al. Pay Little or No Taxes
April 15, 2015, 11:30 AM
LinkNYC Terminals to Blanket New York City With Free WiFi, Free Calls, and Ads
November 17, 2014, 6:50 PM
Microsoft is Open-Sourcing Most of .NET, Adding OS X and Linux Support
November 12, 2014, 8:27 PM
Home Depot Lost 53 Million Emails, Blames Windows, Buys Execs New Macs
November 9, 2014, 5:00 PM
Former NSA Lawyer: If Google, Apple Encrypt User Data, They’ll Wither on the Vine Like Blackberry
November 6, 2014, 12:15 PM
Report: AT&T Eyeing $40B DirecTV Purchase
May 1, 2014, 8:00 AM
Most Popular Articles
HBO to VPN HBO Now Users: Prove You Live in U.S. or We Will Terminate You
April 21, 2015, 12:17 PM
Quick Note: Lady Macbath -- One Japanese Woman's Apple Themed Revenge
April 23, 2015, 11:47 AM
Even Hillary Clinton Was Addicted to Nintendo Gameboy
April 21, 2015, 10:30 PM
Colorado Man Cited for "Killing His Computer" With a Handgun
April 22, 2015, 1:06 PM
AMD CEO: Windows 10 Will Launch at "The End of July"
April 20, 2015, 7:24 PM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
More Blog Posts
Copyright 2015 DailyTech LLC. -
Terms, Conditions & Privacy Information