Apple and Kodak spar over patent | San Jose Business Law ...

Two very large companies are currently locked in battle over alleged patent infringement.

Cupertino, California-based Apple Inc. filed a complaint against Eastman Kodak Co. in attempts to restart a case that centers on the ownership of a patent involving digital imaging.

Industry observers say officials at Apple Inc. likely figured they were running out of time as Kodak recently filed for bankruptcy and was planning on selling a portfolio of digital imaging patents, including the one in question.

Apple alleges that Kodak obtained the patent after pilfering one of their innovations.

However, a Manhattan, New York, judge with the United States Bankruptcy court shot down Apple's request to make a complaint with the International Trade Commission and therefore could not start up the litigation over the patent once again.

Officials at Kodak wanted a judge to hear the case to show that they owned the patent.

Officials have gone on record to say that Apple's claims that they own the patent are baseless. Without this legal matter settled, officials at Kodak are reportedly worried that the uncertainty over the patent will hurt the ability to sell it, as buyers might be concerned they will inherit the legal mess.

Observers say the next route for Apple is to seek an injunction against Kodak in federal court.

Apple claims that Kodak also infringes on a number of patents related to technology regularly used in printers and digital cameras.

In 2010, Kodak requested that the ITC look into Apple's iPhone to see if its technology infringed on the patent in question. A federal court placed a stay on that proceeding.

Source Title: Bloomberg: "Apple Loses Attempt to Pursue Patent-Infringement Fights Against Kodak," David McLaughlin, March 8, 2012

Source: http://www.businessattorneysanjose.com/2012/03/apple-and-kodak-spar-over-patent.shtml

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