Kodak claims Apple is interfering in its patents sale

Eastman Kodak recently filed to auction its patent portfolio

Eastman Kodak has filed a complaint against Apple and FlashPoint Technology, accusing the two companies of attempts to delay and derail its efforts to sell its patents relating to digital imaging.

Kodak, which filed for bankruptcy in January, filed earlier this month a court motion seeking approval for confidential bidding for the auction of its digital patent portfolio, that it expects will be completed by August. The patents are to be auctioned separately in two portfolios called the Digital Capture and Kodak Imaging Systems and Services (KISS) portfolios. It said that its planned sale of its Digital Capture Portfolio is an important element of the debtors' reorganization efforts.

Apple has in bankruptcy proceedings laid claim to 10 of the patents in the Digital Capture portfolio citing its invention of the patents, and claims arising from joint development work and a contract between Kodak and Apple. FlashPoint, an intellectual property company, contends that a 1996 agreement between Apple and FlashPoint assigned any rights Apple has in the claimed Kodak Patents to FlashPoint, according to Kodak's filing on Monday before the U.S. Bankruptcy Court for the Southern District of New York.

Kodak has asked the court for an injunction barring Apple and FlashPoint from asserting ownership claims under any theory, including inventorship, to the Kodak patents. It will continue to suffer serious harm if Apple and FlashPoint are permitted to continue their public campaign to create uncertainty as to the ownership of the claimed Kodak patents, it added. Kodak has also asked the court for a declaratory judgment finding that the debtors are permitted to sell the ten Kodak patents pursuant to section 363 of the Bankruptcy Code in due course, free and clear of any interest of Apple or FlashPoint.

Apple's strategy has been to use its substantial cash position to delay as long as possible the payment of royalties to Kodak, and to interfere with the planned sale of the Digital Capture portfolio, it said in the filing.

Kodak entered into a US$950 million financing facility secured by its assets, including some of its digital imaging patents, which it is required to put up for sale this month. It plans to auction off its patents in a process where there will be no disclosure of unsuccessful bidders to other bidders and the public.

Kodak said in the filing of the motion for the auction that the sellers propose to sell all or any portion of the digital imaging patents to successful bidders free and clear of all claims and interests, to maximize their value. Holders of claims and interests, if any, will be sufficiently protected by the availability of the proceeds of the sale.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Cool Tech

Toys for Boys

Family Friendly

Stocking Stuffer

SmartLens - Clip on Phone Camera Lens Set of 3

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Bitdefender 2019

This Holiday Season, protect yourself and your loved ones with the best. Buy now for Holiday Savings!

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?