Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Kodak eyes Chapter 11: Patent sale or bust

By | January 4, 2012, 11:15am PST

Summary: Kodak’s patents could come in handy in the ongoing patent wars. All smartphones have digital photography technology.

Eastman Kodak is prepping for a Chapter 11 bankruptcy filing that could put an interesting twist in the patent wars.

According to the Wall Street Journal, Kodak is looking for $1 billion in debtor-in possession financing, which keeps companies running in a restructuring, with the idea that it would sell its 1,100 patents in an auction.

In other words, Kodak is betting that it can land capital like Nortel Networks did—via a bankruptcy court auction. Kodak is trying to sell the patents to avoid a bankruptcy filing.

Kodak’s patents could come in handy in the ongoing patent wars. All smartphones have digital photography technology.

In a recent research note, Rafferty Capital analyst Mark Kaufman noted:

In an effort to accelerate the monetization of it intellectual property, Kodak has been seeking the sale of its 1,100 digital imaging patents since late summer. There has been serious interest by various companies, but delays in the final determination by the U.S. ITC in the patent infringement action brought by Kodak against Apple and RIM, has potentially delayed a meeting of the minds on price.

According to Kaufman, Kodak could eye a joint venture for its intellectual property.

Related:

Welcome to the patent valuation bubble

Kick off your day with ZDNet's daily e-mail newsletter. It's the freshest tech news and opinion, served hot. Get it.

Topics

Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic.

Disclosure

Larry Dignan

Larry Dignan has nothing to disclose. He doesn’t hold investments in the technology companies he covers.

Biography

Larry Dignan

Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic. He was most recently Executive Editor of News and Blogs at ZDNet. Prior to that he was executive news editor at eWeek and news editor at Baseline. He also served as the East Coast news editor and finance editor at CNET News.com. Larry has covered the technology and financial services industry since 1995, publishing articles in WallStreetWeek.com, Inter@ctive Week, The New York Times, and Financial Planning magazine. He's a graduate of the Columbia School of Journalism and the University of Delaware.

For daily updates, follow Larry on Twitter.

42
Comments

Join the conversation!

Just In

RE: Kodak eyes Chapter 11: Patent sale or bust
vivekg79 9th Jan
Good opportunity for all mobile companies...
0 Votes
+ -
nt
So, maybe if another group purchase like the Nortel patent purchase will actually get Google to participate this time. Since, from what I here Google was not interested in joining in on the last purchase.
@rmark@... I actually thought it was more of Google was not invited to be part of the group. Google tried to buy on its own, but was trumped by MS / Apple.
@tbuccelli They were invited to join the joint purchase, but decided to go-it-alone and buy them outright. They were trumped by the consortium, which they didn't want to join.
@rmark@... Google should consider such a Kodak patent purchase. They have been far too thin on patents in their war chest for too long. Even with the purchase from Motorola, Google would benefit by having more patents they could use to negotiate cross licensing between Apple, RIM and others. I wonder if Kodak has anything they could use against Oracle the way Kodak cashed in with Sun years ago?
0 Votes
+ -
RE: Kodak eyes Chapter 11: Patent sale or bust
asefati@... Updated - 4th Jan
wow who would have thought Kodad would be so much in debt. They make great products. Perhaps they came in digital age too late
1 Vote
+ -
@asefati@... Actually, they made the first portable digital still camera back in '75: http://pluggedin.kodak.com/pluggedin/post/?id=687843 A lot of people talk about their top management being "empty suits" with no idea how to create value for the company. For example, film sales are still profitable, believe it or not. Kodak sensors are in a lot of high-end cameras. In a lot of ways, I'm reminded of Xerox, another company from Rochester, who lost their way.
-1 Votes
+ -
@andrew.beals@... bingo! The comparo with Xerox is nuts-on. Xerox is much bigger, though, and has weathered the storm. At least so far. Let's face it, the web has been slowly killing the printing industry for a long time, and the high-volume printing industry was Xerox's and Kodak's bread-and-butter.
0 Votes
+ -
@asefati@...

They actually came early, having demonstrated digital image capture in the 1970s. In 1986, Kodak scientists invented the world's first megapixel sensor, capable of recording 1.4 million pixels that could produce a 5x7-inch digital photo-quality print.

Alas, forces within the company saw digital as competitive with their film business, and could not figure out how to similarly monetize it. I'm sure they looked at media like memory cards, but that technology was Asian.

At one time, Kodak employed more than 90,000 people worldwide, millions more were involved in global wholesaling, retailing and processing. I still have 4 rolls of Kodachrome in my freezer, though there's no one left anywhere to process it.

Personally, I am very saddened by their fall. My father, a PPA Master, is in Wikipedia for his historic capture of the war and postwar boom, and post-boom decline of the American steel industry; my uncle was a noted children's portrait photographer. I put myself through college shooting wedding photos and processing them in the darkroom at Lehigh University. All on Kodak film.

I'll think of Kodak each time I look at my extensive film camera collection on one wall of my house - and while I'm shooting stills and videos with my Nikon D7000 this weekend at the Pennsylvania State Farm Show.
@MedAdMan - Total agreement with you. It is a sad day and day that should remind everyone that almost everything and everybody is subject to drastic change with drastic repurcussions.

Think how many people Kodak helped put food on the table, paid for mortgages, sent kids to college, allowed them to marry and have kids of their own.

To all of those people out there that are second guessing Kodak and its management I say come back when you have done what they have done for decades, or at least until you have run your own business with more than ten employees. Then tell us how easy it is to see the future during a world wide recession.

Paul Simon should chime in here.
@MedAdMan ..."I still have 4 rolls of Kodachrome in my freezer, though there's no one left anywhere to process it. "

You must live some ways away from any kind of population, because all the chain stores...Walmart, Target, CVS, RiteAid, etc. still have photo processing.
@MedAdMan

Nicely stated MedAdMan.

One can only have the greatest respect for the products that Kodak developed and sold. It was exceptionally successful by virtually any standard for over a century. I doubt that many of today's companies will last as long.
0 Votes
+ -
K-14 process and Kodachrome
rmhesche Updated - 4th Jan
@freakneck (three posts down):

Ref: Getting Kodachrome processed.

The last K-14 process machine shut down in December 2010. There is no place left to have Kodachrome professionally processed, and if you were aware of whats involved in the process you would know no one but a professional should process Kodachrome.
@asefati@... The Kodak Slice camera I bought last year was suppose to be $299 but picked it up from Staples on clearance for $129. It's processor is incredibly slow and it can't take a photo if anything is moving. When you want to see the last photo you took, you have to wait over 5 seconds for it too load. The Slice was a big deal for Kodak and all it is a frustrating user experience and poor camera. $299 for a bad camera just doesn't fly anymore. I bought a PlayBook for $199 and it takes much better photographs and HD Video, plus does a zillion other things. And it's processor feels millions of times faster than the Kodak's. I think if you aren't going to make great cameras like Nikon and Canon, then stay out of the market. Cheap cameras can be had in smartphones at nearly no cost.
@techman31 Sorry, but I don't agree with you. When 5 MP cameras were coming out, my wife and I spent about $250.00 on a Kodak CX-750(Don't have camera with me at the moment) digital camera, and to this day it is still one of my favorite cameras to use.

Takes great pics, and has very good optical zoom.
@techman31 How strange, considering my 2nd digital camera was a Kodak EasyShare (sorry I don't know the model) and it performed much better than you describe the Slice. Does sound as if they lost their way somewhere.
0 Votes
+ -
@asefati@... I did a lot of work with them in the 1990's and early 2000's. I saw this coming a long time ago. No vision at the top. Great people in the middle. Very, VERY sad.
Just think if Kodak management actually knew how to leverage the value of these patents over the decades since their invention of the first digital camera in 1972 the company could actually be in a healthy financial position and have successfully navigated the transition to the digital world. Instead, short sighted and incompetent management, bled the film-based cash cow way too long and now they are scrambling to sell off their IP. Even if they get $1 billion for their IP, I say they are toast in 5 years or less. They have no product differentiation from their competition, they are virtually out of the consumer market and their current leadership is inept. It's just a matter of time till they are bankrupt. Their failed management has mimicked another Rochester-based company (Xerox) that failed to make significant financial gains from their digital inventions (mouse, GUI, laser printer, Ethernet) as they waited too long to transition to the digital world. Must be something in the water in good old Rochester, New York.
0 Votes
+ -
Google would be wise to jump in, or heck just buy the whole lot. As in recent articles, or just common knowledge Cameras are taking off by storm on mobile headsets.
This is a wake up call for any company out there that thinks they can't go bankrupt. Kodak has been a preferred developer of mine since I started photography way back when. If they go bankrupt, I guess that will leave just Fuji Film in the main developing business which is very sad.
To see this brand go is real sadness for me; I'm still an avid shooter of film, and one of my first "high-end" digital cameras was the DCS 560 purchased used.

Hap Aziz - http://hapaziz.wordpress.com
0 Votes
+ -
RE: Kodak eyes Chapter 11: Patent sale or bust
digitalhap Updated - 4th Jan
I also had one of their instant camera that was a competitor to the Polaroid instants. I never did understand how Polaroid could shut Kodak out of that business without treading in monopoly territory.

Hap Aziz - http://hapaziz.wordpress.com
@digitalhap As I recall Kodak lost a patent battle with Polaroid, and ended up paying everyone who owned a Kodak instant camera (I had one) in a class action settlement. I guess since Kodak was theoretically free to develop a non-infringing technology and Polaroid wasn't doing anything predatory, it wasn't a monopoly issue.
0 Votes
+ -
RE: Kodak eyes Chapter 11: Patent sale or bust
digitalhap Updated - 4th Jan
There is still a market for high-end film products.

Hap Aziz - http://hapaziz.wordpress.com
0 Votes
+ -
Good
ThatOtherApple 4th Jan
"...death is the destination we all share... And that is as it should be, because Death is very likely the single best invention of Life. It is Life's change agent. It clears out the old to make way for the new."

Had Kodak's management been successful, Flickr, Twitter, Facebook and YouTube would not exist (though, it is arguable, that life just might be better without them). Countless viral videos that captured and exposed police, or other authoritative brutality would never be seen worldwide. Wholesale rejections of tyranny might never have occurred, simultaneously, across the globe.

I won't shed a tear for the monumental stupidity of Kodak's leadership. The (eventual) death of what is Kodak is right and just and, most of all, earned. This should happen, just as it should have happened with another organization festering with the same cancerous tumors of a management team: General Motors.
0 Votes
+ -
RE: Kodak eyes Chapter 11: Patent sale or bust
thatwindowsuserguy Updated - 4th Jan
@ThatOtherApple

It never ceases to amaze me how people just can't give GM a break. They say it should be called Government Motors... they say GM makes crap and they say their management is bad and always has been...

I wonder why people never complain about the bank bailouts (yes, the true gifts to companies that NEVER were expected to pay back); banks, unlike GM never had to deal with unions, entities that evolved from an arguable necessity at one time to a festering leach today, entities that exist for the sole purpose of perpetuating their existences, and of which, yes, bad GM management went along with and game millions more than they could afford to... no, the membership is not to blame, though many are ignorant as hell about business and about life in general (no one said they were highly educated).

The next person who feels the need to unload about loans (yep, loans, not gifts) which were given at a cost (our government deciding how to run the business) to GM, might want to scratch something and start thinking about what it is this Country makes and what it is we do any longer. Now before someone feels the need to enlighten me about how nothing American is really American made, you might want to research what IS and IS NOT made/assembled/designed/delivered by American people (not just union workers), and whether US dollars leaving this Country to Foreign Companies is good for this Country.

Don't like Kodak, you are welcome to put money in something else; don't like our Government loaning money to GM, well, vote someone else in, in November 2012! Just don't forget how the debacle in the US got started, the political influences that drove banks and freddy/fanny to do insane things, the bubbles that could have been avoided, the fact that we are all paying so that some could have a shot at something the market would not support, the fact that we are all paying (well, those of us working) so that many continue to get checks (for years), and the fact that we are paying so that entitlements can continue, people can get their SS checks, and anyone under the age of 35 can count this as a gift (can't write it off though)...



Next...

-mark
0 Votes
+ -
How do they do that?
Robert Hahn 4th Jan
The Microsoft people hope desperately that this isn't happening to them. There are very, very few companies that survive and prosper (as opposed to survive and limp along) once a fundamental technology shift hits their business. The vast majority of such companies disappear altogether.

As we see here, the failure mechanism has little to do with "not seeing it coming." People in Kodak have known that digital imaging would replace film for 40 years. They were hard at work on it, at the very beginning and ever since. And yet here the company is today, on its deathbed.

Barnes & Noble is still with us, but for how long? They saw Amazon coming. They have a web site. They have an e-reader. They have a tablet. Hey, at least they're not Borders. But they've been in Chapter 11 once, and they probably will be again.

It actually took both Microsoft and Intel quite a while to see the threat from mobile devices. Intel allowed ARM designs to achieve escape velocity, and Microsoft has done the same with iOS and Android. Now both companies face competition that has reached scale volume... at which point it is a lot harder to catch and overtake them than it would have been if they'd reacted sooner.

Will Microsoft and Intel topple the way one-time legends Kodak, Digital Equipment, Barnes & Noble, and Woolworth did? It happens more often than not when these kinds of changes occur. Just saying, "The management was stupid" doesn't really explain it.

The other riddle is how some companies, like IBM, can drive straight through two world wars, the Great Depression, transitions from mechanical to electromechanical to vacuum tube to transistors to microprocessors, and remain on the road. It's something in the culture. But what?
0 Votes
+ -
@Robert Hahn: IBM implements what it invents. Kodak (and Xerox) suppressed it. Kodak viewed digital photography as a threat to their survival. It turned out they were right. IBM views innovation as a survival threat as well -- a threat to their competitors' survival. What IBM lacks is any form of elegance when it comes to their implementation. They make (and, for a fat contract, service) cold, metal, uncomfortable -but functional- folding chairs, not Aerons.

Intel will survive if it goes back to its founding roots. Microsoft will survive if they can find someone else (who is innovating) to buy.
@Robert Hahn

Like many big companies with successful revenue streams. It is very hard to suddenly shift gears when a new business model appears. Borders, Blockbuster, Kodak, etc. surely saw a fundamental shift was occurring but they couldn't simply go to their stock-holders and say "Our current business model is in trouble so we are changing gears". Hard to do.

But that's just the way business goes, breaking new paths favors the small, quick and hungry.
Its the non consumer stuff that is the most difficult to monitise.

Medical has taken a beating. Xray's go straight to digital these days so the income stream from medical is diving on a daily basis. Not so long ago the till rang every time someone laid down on the bench.

THe digital equipment used to store it now is made by Dell, HP, Adaptec and the like. Internally its populated by, maxtor, seagate and Western Digital so its difficult to muscle in on.

Its not easy to see how that recurring income can be replaced.

Commercial photography is another area where Kodak suffers on two fronts. First they don't sell the rolls of film and then they don't sell the consumables for the kodak developing centre or the fast deveolping machinery.

The management are not always to blame. When you are in the film developing business its hard to see that you might need to buy Maxtor or Adaptec to help lift your income.

THe whole structure of Kodak's business is geared up for recuring income from Consumer Film & Developing, Medical imaging & Developing and even high end printing equipment such as Nexpress Digital Printers.

Chapter 11 is inevitably the way to go. Why seel the patents and pay off the debts. Restructure dump the debts, take the patents with you and sell them at the other end.

Derek
0 Votes
+ -
Whaaat!!! KODAK is on the brink of bankruptcy??!! I guess there really is no safe haven. Even for ''big'' names.
Kodak has a good deal with Walmart and other retailers with instant processing. They have a historical name. And they have patents. The debt may be defaulted on but the brand will remain. It's worth much more alive than dead.
A practice that keeps some large companies from ossifying goes like this: If your group or division is getting over 50% of your profit from products released in the last two years you get a bonus. If you get over 50% of your profit from products more than 3 years old you experience a change in your status (transferred, demoted, fired).
0 Votes
+ -
Sad.
GuntherGump Updated - 4th Jan
I thought Kodak was solid. I blame mid and upper management.

This is the natural progression of things. Those that made the company what it is with sound principles and practices eventually leave the workforce in one way or another (e.g. Steve Jobs). Those that have the drive/passion are not realized and/or replaced by suits that look fantastic on paper by controlling boards. Those suits are looking for another higher paying job, which explains why they'd even entertain a head-hunter's inquiry and have their resume only a couple of clicks away. This lot of suits typically do not have the company's best interest and vision at heart. Their vision focuses on the bottom line for 2-3 years until their next hitch. The irony in all of this is you can trace decisions made that put these suits in charge back to Wall Street.

What do we expect from a country continually driven further by greed and less by innovation these days?
Kodak is yet another example of why we should not consider companies too big to fail. They must fail if they cannot adapt or maintain innovation.
0 Votes
+ -
If these patents were that valuable they wouldn't be in Chapter 11 would they?

I mean, lets face it, there are more cameras in use now than at anytime in history and yet Kodak can't make money off of these things? Really?!?!?!?!?
0 Votes
+ -
As a former Kodaker in Business Imaging, the culture shift within the company has been going on since the mid 80's. I started in '78 and we were taught that "we're the best" and so's our service structure. Third party sales and service providers were looked on as not more than street hustlers. When things started changing in the market Kodak management was slow to impress upon their people in the field that things were different. In '94, when I was fired, they began the year by announcing that their goal was to drop 10,000 jobs worldwide by year end (they exceeded that). Then they started looking for low-hanging fruit to "fire for cause" so they wouldn't have to pay accumulated severance. If you'd ever had a ding in your record they'd have you under a microscope. One warning and you're "outa-here!". Looking back it was probably a good thing I got fired since I've now had a 16 year career in IT, but I won't miss what the "Yellow Box" came to symbolize for me.
0 Votes
+ -
Make sure they clean up that stinkhole of a mess in Kingsport, TN. You can actually smell Eastman-Kodak before you see it. Be sure to write down the CEO's name because in a year or 2, I'm quite positive he'll be running another fortune 500 company in the ground.
Olympus has had serious problems. Maybe the two should merge and produce a better product?
How sad that a company of such great vision and development over the decades has been so poorly managed.
George Fisher destroyed the company. Under the blind eyes of his leadership, Kodak managed to ignore the entire birth of the digital boom. Ask Sears what it's like to try and catch up after having bad leadership and a long ill fated hibernation.

Kodak has released some very nice cameras and printers since then,..but way too little, and way too late.
Good opportunity for all mobile companies...

Join the conversation!

Formatting +
BB Codes - Note: HTML is not supported in forums
  • [b] Bold [/b]
  • [i] Italic [/i]
  • [u] Underline [/u]
  • [s] Strikethrough [/s]
  • [q] "Quote" [/q]
  • [ol][*] 1. Ordered List [/ol]
  • [ul][*] · Unordered List [/ul]
  • [pre] Preformat [/pre]
  • [quote] "Blockquote" [/quote]
ie8 fix

The best of ZDNet, delivered

ZDNet Newsletters

Get the best of ZDNet delivered straight to your inbox

Facebook Activity

White Papers, Webcasts, & Resources
ie8 fix