Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Apple seeks permission to sue already bankrupt Kodak

By | February 15, 2012, 7:41am PST

Summary: Apple is seeking permission to sue Kodak for alleged patent infringement.

Though Kodak is bankrupt, Apple is seeking permission from the courts to sue the company anyway for alleged patent infringement.

The patents in question relate to technologies used in printers, digital cameras, and digital picture frames, according to Bloomberg.

Kodak cannot do much for the time being in response to the claims, as it waits for a bankruptcy judge to decide its fate. But Apple is looking to that very judge to open the doors for a claim.

A filing showed that Apple intends to file a complaint with the U.S. International Trade Commission and a separate corresponding suit in the U.S. District Court in Manhattan, which could lead to a court order blocking Kodak from using the patents.

Should Apple succeed in dragging Kodak further into financial decline, it’s unlikely that a successful case would result in the handing over of cash.

The former photography giant fell into difficulties late last year and began the process for selling off its assets in a bid to save money. It fell behind in the digital market and began to transform itself into a printing company rather than one that sold film for cameras. It began and continued to produce digital cameras, but ultimately failed to compete with the then emerging market.

Since then, however, Kodak filed for bankruptcy. It listed total assets of $5.1 billion but a debt of $6.8 billion in its bankruptcy filing.

Kodak has over 1,100 patents it wants to sell. The patents could be worth as much as $2–3 billion. Since 2008, Kodak has generated nearly $2 billion in royalties and licensing fees from key patents it retains.

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Topics

Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from CNN, the Huffington Post, AllThingsDigital, The Atlantic Wire and CBS News.

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RE: Apple seeks permission to sue already bankrupt Kodak
Pete "athynz" Athens 15th Feb
@hayneiii@... If that was the case then Apple should simply buy Kodak and be done with it... they have the cash on hand to do so.
Talk about kicking them while they're down.
they want the patents
0 Votes
+ -
Gotta Hurt PR
WebSiteManager 15th Feb
Surely even Apple will get hurt out of suing an American icon when they're already in bankruptcy.
Isn't this a counter suit by Apple? Kodak sued Apple and others first in 2010 and won. Then sued again in Jan 2012?
@dave95.
You are correct. While I see Kodak as less of a patent troll, I think desperation rather than pure greed drove them to court. Still sucks though...
Apple is now firmly No1 on my "Most disgusting company" list. MS is now a distant 2nd.
@kirovs@...
Kodak sued first. All their patent trolling got them nowhere.
@ScorpioBlue
True fanboy. Turn a blind eye when your favourite company is patent trolling, but call others on the exact same behaviour. Not that you ever have anything to add to any discussion.... other than LOL! over and over again.
  • Flagged
0 Votes
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LOL
William Farrel 15th Feb
@ScorpioBlue
That's a good one, ScorpioBlue! grin
  • Flagged
@kris_stapley@...

Well hi, krissy_wissie? How's it going? Get your hair done today?

lol... grin
  • Flagged
Hey wille

I actually don't consider Apple (or even MS) patent trolls. Unlike Kodak which no longer produces anything except legal teams and mountains of paperwork to get them in and out of trouble.

I wish Apple success on this. I really do.
@kirovs@...

As usual...the scum always rises to the top.
is disgusting, greedy, evil, etc. and that being in bankruptcy is noble, virtuous and pure.
Their latest product will be called the "iSuck".
-1 Votes
+ -
And you're the inventor
ScorpioBlue 15th Feb
Right?

wink
0 Votes
+ -
LOL!
William Farrel 15th Feb
@timspublic1@...
That's a good one ScorpioBlue! happy
0 Votes
+ -
I thought so too, wille
ScorpioBlue 15th Feb
That's a good one ScorpioBlue!

I thought so too, wille

Now you can pray to me. Your Lord and Master. NOW.

lol... grin
  • Flagged
0 Votes
+ -
@timspublic1@... And you do it so well.
Wow... The Apple's greed knows no bounds. I wonder what was the Kodak's "alleged patent infringement"?
Makes no sense to me. You think a company with products that are far and away exceeding anything the patents Kodak could offer, would just drop it and move on with bigger and better things. Especially when they are pulling in Billions of profit every quarter and have $100 Billion in cash. Just shows how greedy and heavy handed they are and how much they can't stand competition of any sort!
@OhTheHumanity
+1
@OhTheHumanity
"how much they can't stand competition of any sort!"

Which of Kodak's products are competing with Apple's.
0 Votes
+ -
May be a pre-emptive strike against those who will acquire Kodak's patents. If I was in the same position and thought those patents could cause me issues in the hands of a wealthier owner I would do the same and attack the guy who doesn't have the money, then buy them at a lower price. Other big companies do it.

It's not fun, it's not pleasant but then again nothing in the patent game is.
@themarty
Supposedly this goes back to the 90's when they worked together on some photo and printing technologies. Not really sure why they care about that stuff at this point. They can easily license this stuff but for some reason they are so greedy they don't want to pay anyone anything for them to make their products. I know they do, but they try to avoid it at all costs so they can keep the 50%+ margins they have on all their products!
@OhTheHumanity They probably fear that the company who's going to acquire those patents won't play nice. I'm speculating here, but I would probably do the same.
@OhTheHumanity

Ownership of the relevant patents is in dispute: Apple doesn't want Kodak to sell patents that it believes Kodak doesn't own. That would put an uninvolved third party into the mess.
Translation, Apple wants some Kodak patents.
There ya go.
0 Votes
+ -
@hayneiii@... If that was the case then Apple should simply buy Kodak and be done with it... they have the cash on hand to do so.
0 Votes
+ -
I thought that bankruptcy...
vinnyboombatz 15th Feb
Prevents you from getting sued?

This should be interesting, regardless.
@vinnyboombatz You can be added to the debt holders that way, but it does not have to be allowed.
@hayneiii@...

You know... if the court(s) allow this, I can't even begin to imagine the flood of lawsuits it's going to invite.
0 Votes
+ -
I thought that bankruptcy...
vinnyboombatz 15th Feb
Prevents you from getting sued?

This should be interesting, regardless.

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