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Judge rules against Apple in Kodak patent dispute, cites disruption to next week's auction
Is this Kodak's moment? It's sure shaping up to be, as Bloomberg reports the once prominent imaging company has just earned a slight, though significant courtroom victory against Apple. At stake is the ownership of ten patents related to digital imaging, two of which have been deemed incontestable by a Manhattan bankruptcy judge due to Cupertino's late stage ownership filing. Citing potential disruptions to next Wednesday's auction, Judge Gropper ruled against Apple's claims, while also striking down Kodak's request for a summary judgment on the eight remaining IPs and leaving the door open for further dispute. So, though it may seem like the Rochester-based company is finally out of the woods, this certainly isn't the end of its woes -- Apple has now filed counterclaims and is seeking a transfer of the case to district court. And if the House that Steve built's legal track record is any indication, it's not going down without an interminable fight.
WSJ: Apple, Google reportedly in rival groups to buy Kodak patents
Kodak might be cleared to sell its patents, but it's likely no fan of the companies lined up to make a deal. The Wall Street Journal's best friends, "people familiar with the matter," assert that Apple and Google are part of separate coalitions hoping to buy the 1,100 patents up for grabs. Apple's camp supposedly includes Microsoft and controversial patent holder Intellectual Ventures; Google's team reads more like an Android Justice League, with HTC, LG, Samsung and "patent risk solutions" provider RPX all playing a part. Real or not, there's still much that's up in the air. Kodak's not talking, and even the touted insiders warn both of new challengers and allegiances that could be in flux over the next few days. If there's meat on this rumor bone, however, it could make the August 8th auction another patent war spectacle rather than a mere ticket back to solvency for Kodak. Break out the popcorn. [Image credit: Pittaya Sroilong, Flickr]
Kodak gets the green light to sell digital imaging patents
It's been a long road for Kodak to get to this point, but it seems the floundering company has finally won approval to sell off its digital imaging patents. Over the objections of Apple and Flashpoint (nothing like kicking a company when its down), the Bankruptcy Court awarded Kodak the right to auction off its Digital Capture and Kodak Imaging Systems and Services (KISS) patent portfolios. While the challenges haven't been completely dismissed, the ruling provides an opportunity for the struggling Rochester firm to move ahead with its auction plans in the face of what it calls "baseless claims." Soon enough the bids for the rather sizable and valuable portfolios will start rolling in, and should provide Kodak with enough cash to keep its head above water for a little bit longer. For more detail, check out the PR after the break. [Image Credit: MercerFilm]
Kodak moves to block Apple's latest patent suit from proceeding in federal district court
In a move that's sure to surprise no one, Kodak is fighting Apple's latest round of patent litigation -- a suit that would force Kodak to pause plans to sell up to $2.6 billion in digital imaging patents as a condition of its bankruptcy loan. In documents filed late last week, Kodak argued the dispute should be heard by the same bankruptcy court that's already overseeing its insolvency proceedings. In fact, Kodak's bankruptcy filing back in January caused all pending litigation (from Apple and RIM, among others) to come to a screeching halt, but Apple is nonetheless pushing for a reboot, arguing it's the owner of "a number of valuable patents," including one that could be lost if that planned $2 billion sale goes through. So where might this legal catfight take place? A bankruptcy judge is expected to hear arguments from both sides on Thursday.
Apple wants to file patent lawsuit against Kodak, fully aware that Kodak's bankrupt
Poor Kodak just can't catch a break these days. Nearly a month after filing for Chapter 11 bankruptcy and mere days after shuttering its digital camera business, the sputtering company now finds itself the target of no less a behemoth than Apple. Yesterday, Cupertino's legal team asked a US Bankruptcy Court for permission to go after Kodak on two legal fronts: with a patent infringement lawsuit in a Manhattan district court, and a corollary complaint in the ITC. According to Bloomberg, Apple's patent suit focuses on technologies that Kodak uses in its line of digital cameras, printers and digital picture frames. Unfortunately for Kodak, printers are one of the product areas it recently decided to focus on, as confirmed in last week's restructuring announcement. Salt, meet wound.These two companies, of course, have been involved in an ongoing ITC battle over Kodak's image transfer technology, with the latest salvo coming last month, when the camera company launched a fresh batch of litigation against both Apple and HTC. If the bankruptcy court grants Apple's request, the company will head straight to court, in the hopes of obtaining a block against Kodak's allegedly infringing products. Kodak, meanwhile, could file a request to hold off the district level case until the ITC ruling comes through, though Apple said yesterday that it would press forward, regardless. The company was also quick to point out that it's not legally bound to request permission to sue a court-protected bankrupt company, but did so "out of an abundance of caution," which is really considerate, if you think about it.
