By: Joel Rosenblatt
Source: http://www.bloomberg.com
Category: Patent Infringement
Apple Inc. (AAPL) asked a bankruptcy judge for permission to sue Eastman Kodak Co. (EK) over allegations it’s infringing patents that Apple says cover technologies used in printers, digital cameras and digital picture frames.
Apple said in a filing yesterday in U.S. Bankruptcy Court in New York that it intends to file a complaint against Kodak at the International Trade Commission and a corresponding suit in U.S. District Court in Manhattan based on patent-infringement claims. The suit will seek an order blocking Kodak’s infringement, according to the filing.
While arguing bankruptcy law doesn’t prevent the filing of infringement suits against a company in court protection, “Apple requests express authority from this court before it initiates the actions out of an abundance of caution,” the company’s lawyers wrote in the filing.
Kodak will have the right to ask the court to halt the district court case until the ITC makes its ruling, though a court order on that request “is not required before Apple commences” its lawsuits, Apple said in the filing.
Apple previously claimed it is the true owner of the image- preview patent that is the subject of infringement claims lodged against Apple and Research in Motion Ltd. The Cupertino, California-based company contends that it developed a digital camera in the early 1990s that it shared with Kodak, and that Kodak then sought the patent on the technology. Kodak has denied the allegations.
Kodak, the photography pioneer that introduced its $1 Brownie Camera more than a century ago, filed for bankruptcy Jan. 19 after consumers embraced digital cameras, a technology Kodak invented and failed to commercialize.
The company, based in Rochester, listed assets of $5.1 billion and debt of $6.8 billion in Chapter 11 documents.
Andrew Dietderich, a lawyer for Kodak, didn’t immediately return a call yesterday after regular business hours seeking comment on Apple’s filing.
The case is In re Eastman Kodak Co., 12-10202, U.S. Bankruptcy Court, Southern District New York (Manhattan).
Source: http://www.bloomberg.com/news/2012-02-15/apple-seeks-permission-to-sue-bankrupt-kodak-for-infringement.html
Source: http://www.bloomberg.com
Category: Patent Infringement
Apple Inc. (AAPL) asked a bankruptcy judge for permission to sue Eastman Kodak Co. (EK) over allegations it’s infringing patents that Apple says cover technologies used in printers, digital cameras and digital picture frames.
Apple said in a filing yesterday in U.S. Bankruptcy Court in New York that it intends to file a complaint against Kodak at the International Trade Commission and a corresponding suit in U.S. District Court in Manhattan based on patent-infringement claims. The suit will seek an order blocking Kodak’s infringement, according to the filing.
While arguing bankruptcy law doesn’t prevent the filing of infringement suits against a company in court protection, “Apple requests express authority from this court before it initiates the actions out of an abundance of caution,” the company’s lawyers wrote in the filing.
Kodak will have the right to ask the court to halt the district court case until the ITC makes its ruling, though a court order on that request “is not required before Apple commences” its lawsuits, Apple said in the filing.
Apple previously claimed it is the true owner of the image- preview patent that is the subject of infringement claims lodged against Apple and Research in Motion Ltd. The Cupertino, California-based company contends that it developed a digital camera in the early 1990s that it shared with Kodak, and that Kodak then sought the patent on the technology. Kodak has denied the allegations.
ITC Rejection
The U.S. International Trade Commission rejected the ownership arguments in a case that’s still pending at the Washington agency. Those arguments are also an issue in the lawsuit now on hold in federal court in Rochester, New York. In yesterday’s filing, Apple asked to move that case to Manhattan.Kodak, the photography pioneer that introduced its $1 Brownie Camera more than a century ago, filed for bankruptcy Jan. 19 after consumers embraced digital cameras, a technology Kodak invented and failed to commercialize.
The company, based in Rochester, listed assets of $5.1 billion and debt of $6.8 billion in Chapter 11 documents.
Andrew Dietderich, a lawyer for Kodak, didn’t immediately return a call yesterday after regular business hours seeking comment on Apple’s filing.
The case is In re Eastman Kodak Co., 12-10202, U.S. Bankruptcy Court, Southern District New York (Manhattan).
Source: http://www.bloomberg.com/news/2012-02-15/apple-seeks-permission-to-sue-bankrupt-kodak-for-infringement.html
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