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Print 23 comment(s) - last by Natch.. on Aug 6 at 1:43 PM

Judge grants summary judgment on 2 out of 10 patents

As we have seen with Samsung and Apple, patent lawsuits are becoming a common occurrence in the tech world. One such patent suit has been ongoing between Apple and Kodak. Kodak filed bankruptcy in January 2012 and is seeking to sell off two different patent portfolios to raise money to pay creditors. 
 
Apple stepped in and sued Kodak for patent infringement, claiming that it owned 10 patents that were in the portfolios Kodak wanted to sell. The judge overseeing Kodak's bankruptcy has previously denied some of Apple's claims.

Kodak won a partial victory against Apple in court this week. The judge overseeing the case ruled in favor of Kodak on two out of the 10 patents in question.
 
Kodak had requested that the judge grant a summary judgment, and the judgment was granted on two of those patents. The other patents in the case were denied a summary judgment with the judge saying the Kodak could renew the request based on "a more complete record."
 
The judge overseeing the case wrote, "If Apple’s claims proceed despite their unreasonably delayed commencement, Kodak might have to go back to the drawing board for ways to fund its case."
 
Apple has maintained that it owns the patents because research covered in the patents was a joint effort between it and Kodak. However, one of the key issues the judge has with Apple's claims is that Apple waited so long to assert ownership of the patents. The research between Apple and Kodak was conducted in the 1990s.
 
Apple has previously tried to get the patent suit transferred to a District Court in Manhattan. The judge presiding over that Manhattan courtroom denied Apple's request to transfer the suit saying that Kodak's bankruptcy judge should rule on summary judgment first.

Source: Bloomberg



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Hey Apple fans
By nolisi on 8/3/2012 12:12:48 PM , Rating: 2
I understand you like Apple products. They make solidly performing products that people like.

However, it is ok to love their products yet disagree with their legal strategies. You don't have to stand behind their legal strategy because you love their products. I've heard defenses of patents, but you guys always seem stop short of saying it's reasonable to patent things like a rectangle, letting the Patent Office take the heat for giving the patent, forgetting that Apple filed for it.

Conversely, it's ok for me to find their legal strategy unreasonable (and judges are beginning to find them untenable), but enjoy their products. I'm pounding this message out on an iPad, tethered to an Android phone, using an HP bluetooth keyboard.

In short, let's get over this idea that technology is invented and owned by one company, and that our emotional consciousness is so devoid of complexity that just because we like device, it means we must subscribe to the legal strategy as well. It's obvious that technology is a development of previous ideas shared by people, not companies, no matter how hard they try ingrain their stamp on that patent.




RE: Hey Apple fans
By xype on 8/3/12, Rating: -1
RE: Hey Apple fans
By Reclaimer77 on 8/3/2012 1:23:30 PM , Rating: 2
What is Samsung "shamefully" copying? Please, the last time you could even claim they copied Apple was ONE phone 3 years ago. Look at the Galaxy S3 and tell me it's a copy of the iPhone. Or the S2 even.

You're just using the same stupid talking points to justify Apple's bad behavior and tech lawyer terrorism.

Yup it's just so terrible we have a thriving auto-industry today too! Because everyone "copied" Ford and made cars.

quote:
They deserve a donkey wang in their ass for that


Oh that's real mature and not a "hater" statement at all lol.


RE: Hey Apple fans
By Cheesew1z69 on 8/3/2012 1:30:44 PM , Rating: 2
The original S looks nothing like an iphone either... I have a coworker with one.


RE: Hey Apple fans
By Reclaimer77 on 8/3/2012 1:36:48 PM , Rating: 2
But it had a button on the bottom!!! That's copying the entire phone!!!


RE: Hey Apple fans
By Cheesew1z69 on 8/3/2012 2:00:07 PM , Rating: 2
OMG! You are right! Shame on you Samsung! LOL


RE: Hey Apple fans
By V-Money on 8/4/2012 10:40:13 PM , Rating: 2
Just to throw it out there, your example is more fitting than I think you meant it to be. You used Ford as if they designed the first car, when the first commercial automobile manufacturer was the Duryea Motor Wagon Company, eventually Ford came along and popularized cars just like Apple did with phones.

In any case, for the pro-apple person, if you want to ever be taken seriously you should probably start with grammar and spelling. It doesn't have to be perfect, but at least attempt to act like you went to school. Your Iphone will only get you so far. Speaking of which, I have a Galaxy Nexus running Jellybean, tell me what is shamefully copied from Apple. I'll give you a freebie, the new google voice is similar to siri, only better. Kind of like Apple's new notification bar is similar to mine, only worse.


RE: Hey Apple fans
By Tony Swash on 8/3/12, Rating: 0
It would be a miracle...
By xenol on 8/3/2012 10:42:00 AM , Rating: 3
...to go one week without seeing Apple trying to sue someone.

Seriously, this should be illegal at this rate. Apple is trying to sue the hell out of their competitors so it can be the sole source of all our electronic gizmos rather than win customers hearts over (not that they need to). I guess they're just trying to tell me who hasn't succumbed to their products that I'm not allowed to "think different" and choose someone else.




RE: It would be a miracle...
By Tony Swash on 8/3/12, Rating: 0
RE: It would be a miracle...
By Belard on 8/4/2012 1:22:16 AM , Rating: 2
So apple is now out to sue every digital camera maker, every notebook, every cellphone company, TV-makers (since TVs are square), etc...


RE: It would be a miracle...
By teldar on 8/4/2012 8:03:29 AM , Rating: 2
Kodak had digital cameras in the 70's? I wouldn't really call the 90's early camera development.


RE: It would be a miracle...
By Natch on 8/6/2012 1:43:21 PM , Rating: 2
I don't know why anyone else bothers to file for patents in the USA. Obviously, every great idea has been thought up by Apple already! Otherwise, why would they bother to sue for infringement??


10 bucks says....
By Cheesew1z69 on 8/3/2012 10:46:44 AM , Rating: 3
Apple will sue the new patent holder...




RE: 10 bucks says....
By Rukkian on 8/3/2012 1:50:25 PM , Rating: 2
From previous articles and information I have seen, that is not possible, due to the bankruptcy proceedings. Once the sale happens, it is free and clear.


RE: 10 bucks says....
By Cheesew1z69 on 8/3/2012 2:04:05 PM , Rating: 2
I saw that too, but I bet they will still try somehow.


RE: 10 bucks says....
By Tony Swash on 8/3/12, Rating: -1
RE: 10 bucks says....
By Cheesew1z69 on 8/3/2012 2:28:45 PM , Rating: 3
Of course you do, only a fucking idiot like you would think that's a good idea.


RE: 10 bucks says....
By Tony Swash on 8/3/12, Rating: -1
RE: 10 bucks says....
By Cheesew1z69 on 8/3/12, Rating: 0
RE: 10 bucks says....
By Tony Swash on 8/3/12, Rating: -1
By quiksilvr on 8/3/2012 9:48:01 AM , Rating: 5
It has literally become a business model for Apple. We need to win smaller patent cases to fund the attack on larger ones.




Franchise wars....
By croc on 8/4/2012 1:52:26 AM , Rating: 2
Remember those? Taco Bell won them.

Fortunately, that was a movie...




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