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Kodak wins over Apple in patent infringement lawsuit

By | May 13, 2011, 6:47am PDT

Summary: Kodak has won another battle in its ongoing legal wars with Apple over digital camera patent infringements.

Kodak has won another battle in its ongoing legal wars with Apple over digital camera patent infringements.

International Trade Commission Judge Robert Rogers declared on Thursday that Kodak’s digital camera technology does not infringe upon Apple’s patents. According to Bloomberg, that ruling asserted that ”neither of the two patents in Apple’s case before the ITC were being infringed, and one of the patents is invalid.” Apple reportedly claimed that those technologies were being used illegally in Kodak’s Z-series, M-series, C-series, and Slice cameras.

However, Kodak’s work with the ITC isn’t done yet. After a full review of Rogers’s ruling, an official decision will be handed out on September 19. Not to mention that Kodak already has some extra timely legal woes involving the Cupertino company.

Kodak previously lost out to Apple (and RIM) in a different lawsuit about digital cameras in mobile phones earlier this year. However, the road turned for Kodak in late March when it won the following round in the patent dispute. A final decision for that case is expected on May 23.

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Lawsuit, Patent Infringement, Eastman Kodak Co., Apple Inc., Patent Infringement Lawsuit, Rachel King

Rachel King is a staff writer for ZDNet based in San Francisco.

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Rachel King

Rachel King has no business relationships, affiliations, investments, or other potential conflicts of interest relating to the content posted in this blog.

Biography

Rachel King

Rachel King is a staff writer for CBS Interactive in San Francisco. Before serving as a contributing editor at ZDNet in New York City for two years, she previously worked for The Business Insider, FastCompany.com, CNN's San Francisco bureau and the U.S. Department of State. Rachel has also written for MainStreet.com, Irish America Magazine and the New York Daily News, among others. Rachel has a B.A. in Mass Communications and History from the University of California, Berkeley and a M.S. in Journalism from Columbia University, where she served as art director for the student magazine, Plated.

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RE: Kodak wins over Apple in patent infringement lawsuit
tringo007 27th Sep
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RE: Kodak wins over Apple in patent infringement lawsuit
NPGMBR 13th May 2011
Congrates to Kodak, but the fight is probabl not over just yet!
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And it was **not** 'lawsuit'; this was ITC, not court matter
DeRSSS 13th May 2011
@NPGMBR: and the parties simultaneously filed actual lawsuits against each other in the courts (these will take longer time to proceed than ITC hearings).
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hedging
pgit 13th May 2011
@denisrs That's SOP, there's time constraints, enforced discovery etc that makes filing in parallel with regulatory (administrative) remediation pretty much a necessity.

Depending on the tea leaves coming out of ITC one, the other or both parties may elect to drop the court action. The courts are going to give wide deference to ITC decisions, unless there is a matter of first impression regarding the law itself. (not the details of the conflict, but, for eg, is this regulation legitimately pursuant to the statute?)
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RE: Kodak wins over Apple in patent infringement lawsuit
Rob.sharp@... 13th May 2011
@NPGMBR

Probably not...love how these mega corporations sue the crap out of each other and stick us with over priced trinkets that kill the planet and help them pay for their legal fees.
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RE: Kodak wins over Apple in patent infringement lawsuit
llsdigitek1350 13th May 2011
Lawsuits are nutz, only the lawyers win.. But since Apple is SUE CRAZY, its good to see them lose... And the prices on computers are Too High! you can get 2-3 windows computers for the same price, why buy an apple?
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RE: Kodak wins over Apple in patent infringement lawsuit
OracleOfReason 13th May 2011
@llsdigitek1350 "you can get 2-3 windows computers for the same price,why buy an apple?"

You tell 'em. You can get 3 Chevrolet Aeros for the price of one Lexus LS 460. Why buy a Lexus?

I'll keep my Lexus and My Mac, thank you. You keep the money difference and the "windows computers."
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RE: Kodak wins over Apple in patent infringement lawsuit
wordzenpix 13th May 2011
I'm no far of Apple's antics, but I do appreciate having a tool that just works and doesn't need to be cajoled, baby-sat, pleaded with and constantly rebooted just to get a little use out of.
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RE: Kodak wins over Apple in patent infringement lawsuit
jmckay417 13th May 2011
@OracleOfReason Your whole comparison is flawed right from the start. There are such a huge variety of reasons why someone would not want to pay so much extra for a Mac.

For one thing, they use basically the same hardware components as PC's but cost A LOT more to buy. Also, you can't even save yourself some money on a Mac and build it yourself like you can with a PC.

Secondly, it's a lot more of a pain in the ass to replace hardware in a Mac than it is with a PC. Basically everything has to go through Apple where as with a PC I can go buy the component and install it myself if I'm inclined to do so (not to mention the Apple parts will cost more...of course).

Another thing is the performance that people claim is oh so much better than a PC. Well, I suppose that IS a possibility if you take a direct comparison of a Mac and a PC running the same hardware. PC's do slow down more but mainly because of idiot people not knowing what they're doing on it. So let's take a PC and a Mac that are not equivalent in hardware, but equivalent in price instead. I can guarantee you that the PC will destroy the Mac performance-wise even with a rookie Windows-user installing programs all over the place and slowing it down. That's because the hardware boost you can get from paying Mac prices for a PC is just unbelievable.

That just leaves the OS itself, and with Windows 7 I really don't think the "Mac is just easier to use" argument is that relevant anymore.

So I guess if you look solely at how much you're paying then you should be able to buy a Lamborghini-esque PC for the cost of your Lexus-like Mac.
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Message has been deleted.
Rick_K Updated - 14th May 2011
  • Flagged
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wordzenpix, so you don't use Linux?
Will Pharaoh 13th May 2011
@wordzenpix
tool that just works and doesn't need to be cajoled, baby-sat, pleaded with and constantly rebooted just to get a little use out of

Doesn't sound like any of the Windows machines here at work, or at home, so I assume you're talking Linux.
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RE: Kodak wins over Apple in patent infringement lawsuit
jmckay417 13th May 2011
@Rick_K Wow, another Mac fanboi who doesn't care to bring up real points about anything...seems to be a pattern there.

All you're doing is skewing what I said to make it look like you're right. In reality comparing a P4 to a Mac Pro is irrelevant and I never said anything of the sort. For something worthwhile to prove your point, why not take a top end Mac and find a PC with the same hardware to match up the price points.

By the way, when you try to tell someone that they're wrong on several points, a usual flow of things would be to state the reasons why they are wrong. This is why conversations between PC and Mac users never go anywhere, the Mac users never have actual reasons for anything.
  • Flagged
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RE: Kodak wins over Apple in patent infringement lawsuit
David Dionne 13th May 2011
Ditto
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RE: Kodak wins over Apple in patent infringement lawsuit
richdave 13th May 2011
@OracleOfReason

Your comparison is not valid. If there is a real difference in capability and quality between Apple and PC, the difference is just as likely to favor the PC as the Apple. Very different set of circumstances than comparing an Aero to a Lexus. Nothing against either Apple or Microsoft. But a great deal against the (crapple idiot fanbois) AND the (stupid NBMers). Not to mention the loud mouths in my own camp. I am exclusively Linux, and some of the things I see Linux fanatics say on these forums is simply awful. Use what suits you and shut up about the rest. Why you had to mention that you have a Lexus while in a tech blog is surprising. Really proud of it, aren't you?
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RE: Kodak wins over Apple in patent infringement lawsuit
mswift@... 13th May 2011
jmkay says "Apple honestly has no desire to play in the Walmart playground,". I guess you don't go to Wal-Mart that has been pushing their price specials on Apple Products. Wal-Mart sells them at a 1% discount!
http://www.walmart.com/search/search-ng.do?search_constraint=3944&ic=48_0&Find.x=0&Find.y=0&Find=Find&_ta=1&search_query=apple&_tt=apple
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RE: Kodak wins over Apple in patent infringement lawsuit
jmckay417 13th May 2011
@mswift actually that wasn't me who said that, that would have been the fanboi Rick_K
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RE: Kodak wins over Apple in patent infringement lawsuit
dev/null 13th May 2011
@OracleOfReason - Your nickname tells me all I need to know. By the way, a Lexus is highly inappropriate for someone of your stature, you need a Turbo Carrera or better.
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RE: Kodak wins over Apple in patent infringement lawsuit
ColdFusion_z 13th May 2011
@OracleOfReason

Enjoy the retirement that you clearly are not saving for....sad to see so many that don't understand finance wink

Hope you can live in your Lexus

Cheers
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RE: Kodak wins over Apple in patent infringement lawsuit
egmccann 13th May 2011
@richdave: " Use what suits you and shut up about the rest."

Hear, hear. Doesn't affect you if I use Windows, a Mac, Linux or manage to get BeOS running on something. Use what you want/need to and leave it at that. The OS wars were ridiculous and tiring in the DOS days. They haven't gotten any better (or worthwhile.)
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RE: Kodak wins over Apple in patent infringement lawsuit
dunners6 15th May 2011
@OracleOfReason
Because you are a little arrogant i'll let you know that you brought both the wrong car and the wrong computer.

I'll keep my BMW 545i & PC thank you. wink
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RE: Kodak wins over Apple in patent infringement lawsuit
Joe Dufflebag 16th May 2011
@OracleOfReason
Yes and you can get how Lexus for the cost of a Rolls Royce? I'm assuming your going to trade in the Lexus? The question that has to be answered is the added cost worth it to you for two items that do the same thing just as well? If you want to show off (the coolness factor) go ahead. It's your money and nobody has the right to say different. It's not worth it to me. I've had HP PCs that lasted as long as any Apple I've heard of without problems. I have two iPads and three iPhones in the family because I haven't seen any thing else out there that can match them yet. Just can't say the same with computers.
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RE: Kodak wins over Apple in patent infringement lawsuit
snoop0x7b 25th May 2011
@OracleOfReason I just bought an HP quad core i7 for 1400$, equivalent spec to the MBPs that my coworkers just bought, but 1000$ less. I don't think that argument holds water.
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RE: Kodak wins over Apple in patent infringement lawsuit
skudera@... 13th May 2011
@llsdigitek1350
You hit that nail on the head, Apple is head hunting everyone, and one of these days I'm sure they will try to patent the internet, with Al Gore as their lead witness, stating he was under contract to them when he invented it.
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No, he totally missed the 'nail'; it was not Appe who started sueing
DeRSSS Updated - 13th May 2011
@skudera@... It was Kodak who started sueing, not Apple.
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RE: Kodak wins over Apple in patent infringement lawsuit
Pete "athynz" Athens 13th May 2011
@llsdigitek1350 You did know that Kodak was the first one to sue, right? Interestingly enough Apple does not initiate as many lawsuits as other companies... but sure, Apple is "SUE CRAZY"...
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RE: Kodak wins over Apple in patent infringement lawsuit
jscott69 13th May 2011
@llsdigitek1350 While I agree with you that it's possible to get a faster Windows PC for the same money, that isn't the only basis of comparison between computers.

Similarly, not all "PC" components are created equally. True, many are, but Apple produces its own boards and many of its own custom chips. It also specs many of its components be of higher grade components and construction.

As for being able to build a PC on your own for less ... you're right: you can. But so few people do, that it's statistically inconsequential. Dell, HP, Lenovo, etc. sell MILLIONS of assembled PCs each year -- many at the same prices OR MORE than _comparable_ Macs. None of them sell do-it-yourself kits.

Looked at another way: Do you build your own car, too? I can build a wicked fast car (or motorcycle) using aftermarket parts. I can probably build one that could out-run a Lamborghini for a lot less than the price of a Lambo. But it won't have the fit, finish, finesse and warranty of Lambo, either. It probably won't ride as well, handle as well, stop as well, and certainly won't look as good. And when I have trouble with it, I get the joy of being the only person to turn to to fix it, rather than being able to bring it to the dealer for a tune-up.

Steve Jobs has responded to this question numerous times in the past, comparing Apple to BMW. BMW makes cars -- cars that many consider to be "better" than cars from Hyundai or Chrysler or whomever. Because BMW puts extra effort into creating a better ("the ultimate") driving machine, BMW charges a premium to cover that extra effort. They aren't even close to being the largest auto producer in the world, but they're ok with that. Same goes for Porsche, Ferrari, Lamboghini, etc. Apple is the same way. And Apple is (according to Jobs) happy being a niche computer maker. They sell plenty of Macs to keep the product line going. Frankly, if you compare them to any individual PC maker, they actually stack up pretty well (they're still smaller, volume-wise, but the difference isn't as vast as the overall Mac-vs-Windows comparison suggests).

In any event, you sound like a do-it-yourselfer, which is terrific. And you're apparently smart enough to build and support your own PCs, which is also terrific. But given the success of HP, Dell, Lenovo etc., I'd submit that you're not exactly a "typical" PC customer.

But your argument about PCs being cheaper is right -- and it's why so many people chooser a PC over a Mac: because they focus heavily on price and don't understand the less obvious differences between the two platforms ... or they don't care about the differences.

And that's why people buy a Hyundai or Kia instead of a Porsche or BMW.
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RE: Kodak wins over Apple in patent infringement lawsuit
jmckay417 13th May 2011
@jscott69 Again the car comparison....I would understand your argument if the only different between a Kia and a BMW was the refined parts and craftsmanship, but there is a HUGE difference in power and features between a BMW and a Kia. You can get a Windows PC that has equivalent or higher power than a Mac for less money, and so your comparison isn't really all that accurate. I understand the point that SOME of the parts have been refined for use in Apple computers, but it's nothing like a Kia to BMW comparison in which basically every detail of the machine is different.
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RE: Kodak wins over Apple in patent infringement lawsuit
richdave 13th May 2011
@jscott69

Apple computers are PCs. Very few parts, if any, are manufactured by Apple. Other than the enclosures, Apples are made with off the shelf components. Same specs, same quality, higher prices.
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RE: Kodak wins over Apple in patent infringement lawsuit
jmckay417 13th May 2011
@richdave finally! Someone else who actually is aware of how things work in the computer market
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RE: Kodak wins over Apple in patent infringement lawsuit
mswift@... 13th May 2011
@jscott69

I agree with your analysis, Apple and BMW customers are the same people. Both companies make high quality products that are overpriced. If you compare specs, either CPU performance or skid pad tests, you can find many other products that beat that performance for substantially less money.

BMW was the first company to provide an ipod dock.

In the auto repair trade BMW stands for Big Money Wasted, at least that is what techs who work on cars other than BMW say.
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RE: Kodak wins over Apple in patent infringement lawsuit
windozefreak 13th May 2011
@jscott69
Back to comparing computers to cars again?? The reason I'd buy a Camry in stead of a Lexus is that I get the same value (Toyota) and have enough money left over for my house payment. I don't care too much for an over priced status symbol. I'm not that finkle!
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RE: Kodak wins over Apple in patent infringement lawsuit
dunners6 Updated - 15th May 2011
DUPLICATE
sorry
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RE: Kodak wins over Apple in patent infringement lawsuit
dunners6 Updated - 15th May 2011
@jscott69

@mswift

I have to disagree. I will admit that I own a BMW. But the reason I own it is because you get 'more car'. Yes it does cost more but I feel it's worth paying for.
People could argue that BMW are the same as other car brands. But when you drive it, it's just such a better driving experience (& I do alot of driving). Your example "you can find many other products that beat that performance for substantially less money" is a perfect example of Lexus. Lexus say they can make a car cheaper and 'better around a track than a BMW' and an M3 killer etc.. etc.. But if you read/watch car reviews you'll find that this is not true. The BMW seems to always be more 'refined & complete' and this is what you pay the premium for.

I disagree with Apples marketing because you get the same computer (same parts & specs) but the price goes up threefold.

A BMW is not manufactured with the same parts and/or by the same people as a Hyundai.
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Don't know which Windows you are talking about...
blarman_z 16th May 2011
@llsdigitek1350 You might just want to check your figures. Mac's are only about 150% of a windows computer - and that includes the ones I build from scratch.

It's a personal preference. Most of the digital artists I know use Mac's because they are superior for handling multimedia files. Most business users want Office and until recently were stuck with Windows as a result. Most portable users LOVE the iPad and Chrome-based tablets, but I still haven't seen a good Windows-based tablet. Ditto on phones - Apple- and Google-based phones control the market and Windows is a wannabe.
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RE: Kodak wins over Apple in patent infringement lawsuit
tringo007 27th Sep
My brother recommended I might like this web site. He was totally right. This post truly made my day. You cann't imagine simply how much time I had spent for this information! Thanks! kidney stones symptoms
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RE: Kodak wins over Apple in patent infringement lawsuit
tringo007 27th Sep
Fantastic beat ! I would like to apprentice while you amend your site, how can i subscribe for a blog website? The account helped me a acceptable deal. I had been tiny bit acquainted of this your broadcast offered bright clear idea lyme disease in children
0 Votes
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RE: Kodak wins over Apple in patent infringement lawsuit
snoop0x7b 13th May 2011
Always good to see more software patents invalidated.
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RE: Kodak wins over Apple in patent infringement lawsuit
non-biased 17th May 2011
@snoop0x7b Would bet mony that if it were not Apple's patent that was invalidated you wouldn't fee the say way.
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RE: Kodak wins over Apple in patent infringement lawsuit
skudera@... 13th May 2011
Apple is sue crazy. They think they invented everything.
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RE: Kodak wins over Apple in patent infringement lawsuit
wordzenpix 13th May 2011
Secret sources say upcoming models include the iAdam and iEve. Go figure.
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RE: Kodak wins over Apple in patent infringement lawsuit
jscott69 13th May 2011
@wordzenpix Sorry, but it's long been known that while Eve had a Mac, Adam had a Wang.

(Sorry ... couldn't resist. happy
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RE: Kodak wins over Apple in patent infringement lawsuit
Tigertank 13th May 2011
@skudera@...

Every company in the tech world sues every other company all the time. I don't know why people on ZDnet always think that Apple is the only company doing this. They all do- all the time.

Its unfortunate but thats how the industry works and how they define intellectual property; sue the cr@p outta 'everyone and see what sticks.
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RE: Kodak wins over Apple in patent infringement lawsuit
Rama.NET 13th May 2011
Crazy world.
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RE: Kodak wins over Apple in patent infringement lawsuit
rdw551 13th May 2011
Yea, Way to go Kodak
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RE: Kodak wins over Apple in patent infringement lawsuit
swabyw 13th May 2011
If it is left up to Apple technology would take a dive. They are just crazy. They think they are the only one must live. I will never forgot what they did to Franklin Company some twenty odd years ago. Put a good computer company out of business. I think they are a greedy bunch and I would not buy anything made by apple.

Look how many people make IBM compatible computer. If IBM did the same think as Apple did to Franklin no home would have computer now. Technology would be like back in the 60's. Apple, go to hell. I hope everybody infringe on your patten and tie up that legal system for 100 years.
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RE: Kodak wins over Apple in patent infringement lawsuit
Rick_K 13th May 2011
@swabyw
I believe you should invest millions of dollars to develop something; then I can make a clone of it, and sell it for less than you. If I am not mistaken, Franklin was never licensed to build Apple ][ clones. If anyone is allowed ot just copy other?s work for profit, then there will be no incentive for anyone to make something.
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RE: Kodak wins over Apple in patent infringement lawsuit
non-biased 17th May 2011
@Rick_K Based on just trying to read his post I don't think he is going to develope anything, at least of value.
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RE: Kodak wins over Apple in patent infringement lawsuit
jabgonzo@... 13th May 2011
Apple does sell @walmart hmmm
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RE: Kodak wins over Apple in patent infringement lawsuit
windozefreak 13th May 2011
@jabgonzo@...
Yeah! And it does a heart gooood when the ifans come here and lie, like Apple would never sell at Wal-mart. They also sell at Sams Clubs, that Wal-mart companion. So, go stuff that in your apple core!
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Nice to see
Naryan 13th May 2011
Nice to Apple lose another one of their money crusades
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RE: Kodak wins over Apple in patent infringement lawsuit
macaroo_z 13th May 2011
As a retiree of this once great company; Kodak, it saddens me to realize that their legal department is their strongest product. They are living off past glory.

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