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Apple seeks approval to sue bankrupt Kodak for patent infringement

post #1 of 62
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Apple has asked a judge for permission to sue Eastman Kodak for alleged patent infringement, with the approval necessary because Kodak has recently filed for bankruptcy.

In a filing with U.S. Bankruptcy Court in New York this week, Apple asked a bankruptcy judge for the ability to sue Kodak over patents it believes are infringed in to printers, digital cameras and digital picture frames According to Bloomberg, Apple intends to file two lawsuits against Kodak: one with the U.S. International Trade Commission, and another with the U.S. District Court in Manhattan.

As is standard for patent infringement suits, Apple hopes to have the ITC bar the importation of Kodak devices for the alleged infringement. Apple's attorneys noted in the filing they are showing "an abundance of caution" by asking the bankruptcy judge for approval, as bankruptcy law does not prevent infringement suits from being filed.

Lawsuits between the two companies first began in January of 2010, when Kodak sued Apple and accused its iPhone of infringing on a patent related to previewing images. Apple, however, believes it is the true owner of that patent, as it co-developed a digital camera in the early 1990s with Kodak.

Apple quickly countersued Kodak a few months later, accusing a range of products from the camera maker of violating two patents. Apple also earned an early victory against Kodak when the ITC ruled in its favor last June.




As its financial troubles came to a head, Kodak continued to file patent infringement suits against Apple, with the latest complaint issued last month. In that suit, Kodak accused both Apple and HTC of violating four new patents related to digital imaging.

But Kodak also formally filed for bankruptcy last month, seeking to restructure and protect its business. Citigroup has agreed to loan the ailing company $950 million to help shore up its capital ahead of the proceedings, and the 120-year-old company has said it "believes it has sufficient liquidity to operate its business during chapter 11."

[ View article on AppleInsider ]
post #2 of 62
Cool. Apple is setting itself up to get Kodak's patents.
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Gatorguy 5/31/13
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post #3 of 62
Forget about the lawsuit, just buy the company and have at it. Less mess...
post #4 of 62
Rochester could use a boost if Apple bought Kodak and converted it to an East Coast HQ for Apple...

Yeah I know... won't ever happen, but hey.....
post #5 of 62
Quote:
Originally Posted by KindredMac View Post

Rochester could use a boost if Apple bought Kodak and converted it to an East Coast HQ for Apple...

Yeah I know... won't ever happen, but hey.....

I have memories of flying in from the UK and driving there from Boston when Kodak had hired me as a consultant for digital imaging back in the early days. The snow started just west of Boston and by the time I reached Rochester I was certain I'd over shot and was at the North Pole!
I think Apple folk would prefer somewhere with all year round accessibility being used to California. Now Sarasota, Florida would make an excellent East Coast location ... Plus we are never struck by hurricanes thanks to a mix of geography and Indian spells

p.s. The Digital Division at Kodak were very keen to expand but the main board were convinced digital could never come close to the resolution of film ... /sigh
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post #6 of 62
Is this some kind of corporate necrophagia or is Apple just trying to become the most unsympathetic company in the world? Their lawsuits have taken on dimensions beyond the ridiculous.
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post #7 of 62
Quote:
Originally Posted by G-News View Post

Is this some kind of corporate necrophagia or is Apple just trying to become the most unsympathetic company in the world? Their lawsuits have taken on dimensions beyond the ridiculous.

Defense .... Kodak attacked first in an attempt to save their own necks. A wounded animal can be very dangerous I hear.

p.s. I assume you a not referring to the Rock Band
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post #8 of 62
Quote:
Originally Posted by digitalclips View Post

I have memories of flying in from the UK and driving there from Boston when Kodak had hired me as a consultant for digital imaging back in the early days. The snow started just west of Boston and by the time I reached Rochester I was certain I'd over shot and was at the North Pole!
I think Apple folk would prefer somewhere with all year round accessibility being used to California. Now Sarasota, Florida would make an excellent East Coast location ... Plus we are never struck by hurricanes thanks to a mix of geography and Indian spells

p.s. The Digital Division at Kodak were very keen to expand but the main board were convinced digital could never come close to the resolution of film ... /sigh

Florida is a dump. You won't see Apple having any other East Coast HQ than NY.
post #9 of 62
For both nostalgic and nationalism reasons I hope Kodak can find a way to come back but the smart money is they are done. Maybe someone will buy them and then use their name the way Apple begged NeXT to take money to change their name to Apple which saved the company name (revisionist history).


Quote:
Originally Posted by G-News View Post

Is this some kind of corporate necrophagia or is Apple just trying to become the most unsympathetic company in the world? Their lawsuits have taken on dimensions beyond the ridiculous.

it's not personal. It's business.

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post #10 of 62
Quote:
Originally Posted by G-News View Post

Is this some kind of corporate necrophagia or is Apple just trying to become the most unsympathetic company in the world? Their lawsuits have taken on dimensions beyond the ridiculous.

Hmmm, have you looked at the lawsuits against Apple. Suits that have NO legal basis but still seem to get taken seriously.

Really. Do some research before you ramble. Try MacDailyNews for a general hint of what is going on

en
post #11 of 62
Quote:
Originally Posted by mdriftmeyer View Post

Florida is a dump. You won't see Apple having any other East Coast HQ than NY.

Apple should take their talents to South Beach!
post #12 of 62
Quote:
Originally Posted by mdriftmeyer View Post

Florida is a dump. You won't see Apple having any other East Coast HQ than NY.

I'm guessing you have never visited Sarasota. Your comment is a wee bit shall we say, poorly informed, to put it politely.
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post #13 of 62
Quote:
Originally Posted by SolipsismX View Post

For both nostalgic and nationalism reasons I hope Kodak can find a way to come back but the smart money is they are done. Maybe someone will buy them and then use their name the way Apple begged NeXT to take money to change their name to Apple which saved the company name (revisionist history).




it's not personal. It's business.

I was thinking Apple might, then it occurred to me, the snag is the name isn't even worth much as it is so tied to an obsolete science. Film is on par with telex and morse code now, the stuff of museums.
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post #14 of 62
It's only 9 AM EST and there are already two patent/trademark lawsuit stories on AI.
post #15 of 62
Quote:
Originally Posted by tooltalk View Post

It's only 9 AM EST and there are already two patent/trademark lawsuit stories on AI.

Unlike Kodak, AI is diversifying to stay relevant in the future.
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post #16 of 62
Quote:
Originally Posted by KindredMac View Post

Rochester could use a boost if Apple bought Kodak and converted it to an East Coast HQ for Apple...

Yeah I know... won't ever happen, but hey.....

How Rochester has managed to survive and even thrive (at least in comparison to its peer Upstate New York cities) in light of Kodak's demise would make a fascinating thesis topic for some sociology or econ grad student. The long-term impact of its cultural/educational contributions to the community (and those of George Eastman, who must be spinning in his grave over all of the truly moronic and brain-dead moves company management has made over the past 15 years) really illustrates the principle of teaching a man to fish vs. giving him a fish (to paraphrase).

Sorry to get O/T.
post #17 of 62
Quote:
Originally Posted by G-News View Post

Is this some kind of corporate necrophagia or is Apple just trying to become the most unsympathetic company in the world? Their lawsuits have taken on dimensions beyond the ridiculous.

These types of lawsuits aren't just Apple. Every company is doing it. But we only hear about the ones that involve Apple cause the company gets hits for websites and thus money.

ANd Kodak started it, including with at least one patent they had sold Apple years ago
post #18 of 62
Quote:
Originally Posted by tooltalk View Post

It's only 9 AM EST and there are already two patent/trademark lawsuit stories on AI.

Well they already posted every iPad 3 rumor in its own story 4 times. 5 and they get into the realm of redonkulous.
post #19 of 62
Quote:
Originally Posted by eldernorm View Post

Hmmm, have you looked at the lawsuits against Apple. Suits that have NO legal basis but still seem to get taken seriously.

Really. Do some research before you ramble. Try MacDailyNews for a general hint of what is going on

en

I am well aware of the various lawsuits going on against Apple, Mr. Condescending. However, it is nothing new that those who are doing well in a business are being sued by those who don't, which is the case in almost all of the currently active lawsuits against Apple. (Samsung as the classical competition elbowing suit, the iPad name claim as the archetypical "let's make some money with ridiculous claims" and various other cases that go in the same direction.) Apple however doesn't need to come up with ridiculous patent claims because they need the money. They could just as well buy the various companies they are suing against, even more so the disputed patent rights. By threshing out lawsuits left and right, they just look more vulnerable than they really are.

I am also well aware that the policy of suing and countersuing in spreading around the world like a wildfire. That doesn't mean it's a good thing or will lead us anywhere closer to more innovation.
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post #20 of 62
Quote:
Originally Posted by SolipsismX View Post

it's not personal. It's business.

Did anyone else read this in Michael Corleone's voice?
post #21 of 62
Quote:
Originally Posted by Mazda 3s View Post

Did anyone else read this in Michael Corleone's voice?

I didn't know it... but that line came up twice in the Godfather.
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post #22 of 62
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Originally Posted by Mazda 3s View Post

Did anyone else read this in Michael Corleone's voice?

Funny you should say that. I first tried to respond with such an image but couldn't find one.

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post #23 of 62
Quote:
Originally Posted by G-News View Post

Is this some kind of corporate necrophagia or is Apple just trying to become the most unsympathetic company in the world? Their lawsuits have taken on dimensions beyond the ridiculous.

Apple has no choice! They have to defend their IP! This is NOT evil!
post #24 of 62
Unlike the majority of corporate America my understanding of patentable ideas is something that you actually invent, something new that has never been there before. The modern notion seems to be "how can I come up with a wording that makes idea X that has been around for 50 years sounds as though it's something new so I can patent it". And Apple is definitely guilty of that charge too.

Given the proper patent lawyers, you might end up successfully patenting the wheel. This is just beyond ridiculous.
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post #25 of 62
Quote:
Originally Posted by SolipsismX View Post

Funny you should say that. I first tried to respond with such an image but couldn't find one.

post #26 of 62
Quote:
Originally Posted by clan View Post

Forget about the lawsuit, just buy the company and have at it. Less mess...

Whoever buys Kodak will be on the hook for cleaning up the environmental disaster Kodak created in the Rochester area. Apple wants nothing to do with that.
post #27 of 62
Quote:
Originally Posted by digitalclips View Post

I'm guessing you have never visited Sarasota. Your comment is a wee bit shall we say, poorly informed, to put it politely.

Agreed. I have no idea what area of Florida he considers a "dump" or even if he's ever been here (I'm less than 45 minutes from Sarasota), tho I have seen areas of greater New York City that might fit that broad description.
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post #28 of 62
Quote:
Originally Posted by Mazda 3s View Post


I found plenty of shots from Godfather, just none with the text "It's not personal, Sonny. It's strictly business."

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post #29 of 62
Quote:
Originally Posted by SolipsismX View Post

I found plenty of shots from Godfather, just none with the text "It's not personal, Sonny. It's strictly business."

That's actually then scene right where he says it. I grabbed it directly from YouTube

http://www.youtube.com/watch?v=Bo7zkd0kRS4

But as you say, no captions.
post #30 of 62
Quote:
Originally Posted by G-News View Post

I am well aware of the various lawsuits going on against Apple, Mr. Condescending. However, it is nothing new that those who are doing well in a business are being sued by those who don't, which is the case in almost all of the currently active lawsuits against Apple. (Samsung as the classical competition elbowing suit, the iPad name claim as the archetypical "let's make some money with ridiculous claims" and various other cases that go in the same direction.) Apple however doesn't need to come up with ridiculous patent claims because they need the money. They could just as well buy the various companies they are suing against, even more so the disputed patent rights. By threshing out lawsuits left and right, they just look more vulnerable than they really are.

I am also well aware that the policy of suing and countersuing in spreading around the world like a wildfire. That doesn't mean it's a good thing or will lead us anywhere closer to more innovation.

So what makes you so sure that Apple's patent claims against Kodak are ridiculous? Which patent claims, in particular, are ridiculous?

Amazing how people will just jump to conclusions without knowing any of the facts of the case.


Quote:
Originally Posted by boriscleto View Post

Whoever buys Kodak will be on the hook for cleaning up the environmental disaster Kodak created in the Rochester area. Apple wants nothing to do with that.

Not necessarily. If they do a stock purchase, that would (generally) be true. However, if they do an asset purchase, they could purchase Kodak's patents and brand names without buying the physical assets.
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post #31 of 62
Quote:
Originally Posted by Gatorguy View Post

Agreed. I have no idea what area of Florida he considers a "dump" or even if he's ever been here (I'm less than 45 minutes from Sarasota), tho I have seen areas of greater New York City that might fit that broad description.



Should have guessed by the handle!

He's not all that rare being that ignorant, sadly many only see Disney Land and watch Deliverance.

I just finished a photo shoot of the Sarasota Marina, it is as beautiful as any in the South of France and I used to live there too.
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post #32 of 62
Quote:
Originally Posted by boriscleto View Post

Whoever buys Kodak will be on the hook for cleaning up the environmental disaster Kodak created in the Rochester area. Apple wants nothing to do with that.

There are ways around that. Tell the judge heres x amount for this patent stuff, key employees and the naming rights. The rest of the mess is put into a holding company or spun off. I understand they still have one ecktachrome plant going.

I wonder what Steve J would have thought about buying them just to get the patents and name. He was nostalgic for these old companies....
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post #33 of 62
Quote:
Originally Posted by digitalclips View Post

Should have guessed by the handle!

He's not all that rare being that ignorant, sadly many only see Disney Land and watch Deliverance.

I just finished a photo shoot of the Sarasota Marina, it is as beautiful as any in the South of France and I used to live there too.

Film or digital?

Just think, ten short years ago you would have still assumed a person would be using film.

Gotta go... I hear banjos playing...
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post #34 of 62
Quote:
Originally Posted by island hermit View Post

Film or digital?

Just think, ten short years ago you would have still assumed a person would be using film.

Gotta go... I hear banjos playing...

It was a series to be passed through Tone mapping so; RAW with multiple bracketed exposures of each shot. Wouldn't want to try that with film!
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post #35 of 62
Don't comment on things you know nothing about.

Quote:
Originally Posted by G-News View Post

Is this some kind of corporate necrophagia or is Apple just trying to become the most unsympathetic company in the world? Their lawsuits have taken on dimensions beyond the ridiculous.
post #36 of 62
Quote:
Originally Posted by digitalclips View Post

It was a series to be passed through Tone mapping so; RAW with multiple bracketed exposures of each shot. Would want to try that with film!

At the turn of the last century photographers were talking about the advantages of using ready made film and now at the beginning of this century we talk about the advantages of digital images.

I would have liked to see the look on Tim O'Sullivans face if you had handed him a digital camera and showed him what it could do.

Makes me wonder what they'll be using at the beginning of the next century...
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post #37 of 62
Quote:
Originally Posted by island hermit View Post

Makes me wonder what they'll be using at the beginning of the next century...

Nothing. It'll all be imagined, implanted in our brains, and when we stare at a wall, it will project the image in 3D.

Or, we'll all be dead.
post #38 of 62
Nothing like kicking a competitor, and co-inventor of your patent, when it's fighting for its life. Apple used to have some class. Now it has none.

Without the benefit of Steve's Reality Distortion Field we finally see Apple for the rapacious and opportunistic sweatshop operator it really is.
post #39 of 62
Quote:
Originally Posted by popnfresh View Post

Nothing like kicking a competitor, and co-inventor of your patent, when it's fighting for its life. Apple used to have some class. Now it has none.

Without the benefit of Steve's Reality Distortion Field we finally see Apple for the rapacious and opportunistic sweatshop operator it really is.

Finally... a fair and realistic view of Apple.

</s>
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post #40 of 62
Quote:
Originally Posted by bdkennedy1 View Post

Don't comment on things you know nothing about.

Geesh, if we all did that the threads wouldn't need more than a couple of comments if any. Come to think of it some of the articles might . . .

Oh nevermind.
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