Apple Seeks Bankruptcy Court's Blessing to Sue Kodak over Patents

MacRumors · Feb 15, 2012, 12:50 PM

With Kodak having filed last-minute patent lawsuits against Apple and HTC as it was heading into bankruptcy last month, Bloomberg reports that Apple is looking to assert itself against the pioneering photography company with a new lawsuit alleging infringement of Apple-held patents.

While Apple says in its filing with the bankruptcy court overseeing Kodak's case that it is not required to seek approval for a lawsuit, Apple notes that it is requesting the court's blessing "out of an abundance of caution".

Quote:

Apple Inc. asked a bankruptcy judge for permission to sue Eastman Kodak Co. over allegations it's infringing patents that Apple says cover technologies used in printers, digital cameras and digital picture frames. [...]

While arguing bankruptcy law doesn't prevent the filing of infringement suits against a company in court protection, "Apple requests express authority from this court before it initiates the actions out of an abundance of caution," the company's lawyers wrote in the filing.

In a separate case, Apple has been contending that it is the rightful owner of a patent currently held by Kodak. Apple claims that through its partnership with Kodak to produce QuickTake digital cameras during the mid-1990s, Kodak misappropriated intellectual property involved in the project and patented it for itself.

Apple QuickTake 100, manufactured by Kodak (Source: Time)

Apple last month filed a petition with Kodak's bankruptcy court requesting that Kodak not be permitted to use the disputed patent to secure loans supporting the company's restructuring until ownership of the patent is resolved. The U.S. International Trade Commission has preliminarily rejected Apple's ownership claims, but the case and a parallel federal lawsuit remain pending.

Article Link: Apple Seeks Bankruptcy Court's Blessing to Sue Kodak over Patents

Hayman1995 · Feb 15, 2012, 12:53 PM

Kick them when they're down.

TSE · Feb 15, 2012, 12:55 PM

Wow Apple.

daverso · Feb 15, 2012, 12:56 PM

didn't Tim Cook just say they had a more cash than they need, or something like that?

decimortis · Feb 15, 2012, 12:56 PM

Quote:

Originally Posted by Hayman1995

Kick them when they're down.

I was going to post those exact 5 words.

D.

DerekRod · Feb 15, 2012, 12:57 PM

Lets sue a dying corp.Lets do it for the LULZ

wikus · Feb 15, 2012, 12:58 PM

That is low.

I thought with the absence of steve jobs apple would become less of a douchey company, but its actually gotten worse.

nice to see apple turn into everything it was against.

justanothernerd · Feb 15, 2012, 12:58 PM

Quote:

Originally Posted by daverso

didn't Tim Cook just say they had a more cash than they need, or something like that?

It makes sense to me -- Apple has to always maintain a strong image that they take patent litigation seriously, no matter the company involved. If other companies get the idea that they can sue apple and apple won't fight back because they have "more cash than they need", it would become a much bigger problem for them. My guess is that this is as much a defensive move as it is an offensive one.

spazzcat · Feb 15, 2012, 01:00 PM

Quote:

Originally Posted by Hayman1995

Kick them when they're down.

They don't have the right to counter sue them just because they are in bankruptcy? We all know Apple with sue to protect their IP.

allmIne · Feb 15, 2012, 01:00 PM

It's as well most consumers don't give a toss about this sort of thing.

Apple would have went down in many estimations a long time ago.

guzhogi · Feb 15, 2012, 01:01 PM

At this point, why not just buy the patents out right? Note: honest question as I don't know how much they go for.

Spock · Feb 15, 2012, 01:01 PM

Apple should just buyout Kodak, discontinue the entire line, consume all patents and sell the name. Done.

HBOC · Feb 15, 2012, 01:02 PM

Quote:

Originally Posted by Hayman1995

Kick them when they're down.

My first reaction

Quote:

Originally Posted by ajrandall

It makes sense to me -- Apple has to always maintain a strong image that they take patent litigation seriously, no matter the company involved. If other companies get the idea that they can sue apple and apple won't fight back because they have "more cash than they need", it would become a much bigger problem for them. My guess is that this is as much a defensive move as it is an offensive one.

This does make sense. Just because they (Kodak) filed bankruptcy doesn't negate anything.

TrentS · 02:21 PM

Dang, I should have studied to become a patent attorney.

spazzcat · Feb 15, 2012, 01:03 PM

Quote:

Originally Posted by guzhogi

At this point, why not just buy the patents out right? Note: honest question as I don't know how much they go for.

If the courts liquidate them, Apple will have a chance to do that, until then Apple can't just buy them.

840quadra · Feb 15, 2012, 01:06 PM

It comes to the point where I wonder if the PR department at Apple is starting to ask for some of these Lawsuits to stop. I understand that protecting the IP is definitely important, however are they factoring in the potential cost to their public image?

bedifferent · Feb 15, 2012, 01:07 PM

How many lawsuits is AAPL currently juggling??? This is absurd. Having been from Rochester, NY I can tell you that the effects of Kodak's closing is horrendous on an already depressed economy. It's business, certainly, but why didn't AAPL sue before if this was an issue? Why now? Why at all???

spazzcat · Feb 15, 2012, 01:08 PM

Quote:

Originally Posted by 840quadra

It comes to the point where I wonder if the PR department at Apple is starting to ask for some of these Lawsuits to stop. I understand that protecting the IP is definitely important, however are they factoring in the potential cost to their public image?

I guess you didn't see their results last quarter? I would say 99% of their customers don't know or care about lawsuits...

lilsoccakid74 · Feb 15, 2012, 01:08 PM

As a student who has lived his whole life in Rochester NY, location of Kodaks roots, it is sad to see this. While growing up, over half of my friends parents worked at Kodak, and my father was a Sr. Process Development Engineer for 30 years. We are the first generation from Rochester who won't be able to rely on Kodak for a career.

Let them be apple.

gnasher729 · Feb 15, 2012, 01:09 PM

Quote:

Originally Posted by Hayman1995

Kick them when they're down.

I think Kodak has been suing Apple in the past, and is trying to use bankruptcy protection to avoid being countersued. In addition, if Apple does actually have the rights to this patent, then allowing Kodak to borrow money against the value of the patent, or to sell it, would create a really messy situation.

spazzcat · Feb 15, 2012, 01:09 PM

Quote:

Originally Posted by 6CoreWhore

How many lawsuits is AAPL currently juggling??? This is absurd. Having been from Rochester, NY I can tell you that the effects of Kodak's closing is horrendous on an already depressed economy. It's business, certainly, but why didn't AAPL sue before if this was an issue? Why now? Why at all???

Has Kodak really created anything in the last 10 years???

jkichline · Feb 15, 2012, 01:09 PM

The reason why Apple is asking if they can sue is because Kodak, while in bankruptcy, is still suing Apple. If you were concerned about your financial affairs, you wouldn't continue an expensive legal battle and Apple needs to defend it's patents regardless. It's just that Apple is asking if that's ok today so they are at least giving Kodak a chance to back off since they are in bankruptcy.

Sofabutt · Feb 15, 2012, 01:09 PM

Apple is ******** on its own good reputation.

I left microsofts windows years ago for the same bad reputation apple is earning for itself nowadays.

Looks like the future is Linux or qnx

dr01dy · Feb 15, 2012, 01:10 PM

Poor Rochester.

emaja · Feb 15, 2012, 01:11 PM

Can we change the name of this website to "AppleLawsuits.com"?

With all the litigation, I feel like it at least deserves its own sub-forum or tab at the top.

Feb 15, 2012, 12:53 PM	#2
Hayman1995 macrumors newbie Join Date: Aug 2010	Kick them when they're down.
	16

Feb 15, 2012, 12:55 PM	#3
TSE macrumors 68020 Join Date: Jun 2007 Location: St. Paul, Minnesota	Wow Apple. __________________ MacBook Pro, 2.2ghz Quad-Core i7 Processor, 15" 1680x1050 Anti-Glare LCD, 8gbs of RAM, 750gb, 5400rpm HD, AMD Radeon 6750M HD, Mac OS X + Windows 7 Ultimate
	14

Feb 15, 2012, 12:56 PM	#4
daverso macrumors member Join Date: Sep 2007	didn't Tim Cook just say they had a more cash than they need, or something like that?
	17

Feb 15, 2012, 01:01 PM	#11
guzhogi macrumors 68000 Join Date: Aug 2003 Location: Wherever my feet take me…	At this point, why not just buy the patents out right? Note: honest question as I don't know how much they go for.
	13

Feb 15, 2012, 01:01 PM	#12
Spock macrumors 65816 Join Date: Jan 2002 Location: Vulcan	Apple should just buyout Kodak, discontinue the entire line, consume all patents and sell the name. Done.
	22

Feb 15, 2012, 12:57 PM	#6
DerekRod macrumors 6502a Join Date: Jan 2012 Location: NYC	Lets sue a dying corp.Lets do it for the LULZ
	7

Feb 15, 2012, 12:58 PM	#7
wikus Banned Join Date: Jun 2011 Location: Planet earth.	That is low. I thought with the absence of steve jobs apple would become less of a douchey company, but its actually gotten worse. nice to see apple turn into everything it was against.
	15

Feb 15, 2012, 01:00 PM	#10
allmIne macrumors 6502a Join Date: Sep 2008 Location: United Kingdom	It's as well most consumers don't give a toss about this sort of thing. Apple would have went down in many estimations a long time ago.
	10

Feb 15, 2012, 01:02 PM	#14
TrentS macrumors regular Join Date: Sep 2011 Location: Overland Park, Kansas	Law Suits Dang, I should have studied to become a patent attorney. Last edited by TrentS; Feb 15, 2012 at 02:21 PM.
	15

Feb 15, 2012, 01:06 PM	#16
840quadra Demi-God (Moderator) Join Date: Feb 2005 Location: Twin Cities, MN	It comes to the point where I wonder if the PR department at Apple is starting to ask for some of these Lawsuits to stop. I understand that protecting the IP is definitely important, however are they factoring in the potential cost to their public image? __________________ Introducing Macintosh Quadra. The power to be your best. Just avoid holding it in that way -- Steve Jobs
	10

Feb 15, 2012, 01:07 PM	#17
bedifferent macrumors Demi-God Join Date: Jan 2009 Location: NY	How many lawsuits is AAPL currently juggling??? This is absurd. Having been from Rochester, NY I can tell you that the effects of Kodak's closing is horrendous on an already depressed economy. It's business, certainly, but why didn't AAPL sue before if this was an issue? Why now? Why at all???
	10

Feb 15, 2012, 01:08 PM	#19
lilsoccakid74 macrumors 6502 Join Date: Apr 2010	As a student who has lived his whole life in Rochester NY, location of Kodaks roots, it is sad to see this. While growing up, over half of my friends parents worked at Kodak, and my father was a Sr. Process Development Engineer for 30 years. We are the first generation from Rochester who won't be able to rely on Kodak for a career. Let them be apple.
	5

Feb 15, 2012, 01:09 PM	#22
jkichline macrumors member Join Date: Aug 2010	The reason... The reason why Apple is asking if they can sue is because Kodak, while in bankruptcy, is still suing Apple. If you were concerned about your financial affairs, you wouldn't continue an expensive legal battle and Apple needs to defend it's patents regardless. It's just that Apple is asking if that's ok today so they are at least giving Kodak a chance to back off since they are in bankruptcy.
	10

Feb 15, 2012, 01:09 PM	#23
Sofabutt macrumors member Join Date: Oct 2007	Apple is ******** on its own good reputation. I left microsofts windows years ago for the same bad reputation apple is earning for itself nowadays. Looks like the future is Linux or qnx
	-7

Feb 15, 2012, 01:10 PM	#24
dr01dy macrumors member Join Date: May 2007	Poor Rochester. __________________ MP 2.66 \| ATIX1900 \| 7GIG \| 20TB \| iMac 3.4 i7 \| 16GB \| 3.120 TB \|
	5

Feb 15, 2012, 01:11 PM	#25
emaja macrumors 68000 Join Date: May 2005 Location: Chicago, IL	Can we change the name of this website to "AppleLawsuits.com"? With all the litigation, I feel like it at least deserves its own sub-forum or tab at the top.
	14

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