Apple Asks Bankruptcy Court for Permission to Sue Kodak
Tap to Call - (877) 250-8242

Apple Asks Bankruptcy Court for Permission to Sue Kodak

February 24, 2012


Share this article


Bloomberg News reports that technology giant Apple has requested permission from the bankruptcy court to sue Eastman Kodak for patent infringement relating to printers, digital picture frames, and digital cameras. Apple was not legally obligated to submit its request through the bankruptcy court, sources note.

Apple’s move comes weeks after former film giant Kodak submitted a Chapter 11 bankruptcy petition in order to deal with its mounting debt burden. Reports surrounding Kodak’s bankruptcy case indicate that the company has plans to attempt to collect money from intellectual rights patents it holds on a number of technologies.

Apple was one of the companies named by Kodak as having infringed on those patents.

According to sources, Apple has plans to file a complaint against Kodak with the International Trade Commission (ITC), a federal agency in charge of overseeing matters of copyright infringement. It seems that the contention between the two companies dates back to the 1990s when, according to sources, Apple claims that it developed a digital camera in tandem with Kodak.

Apple alleges that Kodak sought the patent on this co-developed technology, but Kodak has apparently denied that charge.

A Challenge to Kodak’s Patent-Infringement Case

In a matter separate from its bankruptcy filing, it seems Kodak lodged a complaint with the ITC regarding the patents that have been the source of conflict between it and Apple. Since that filing, Apple has apparently argued that the ITC should not investigate Kodak’s claim, because Kodak (by its own admission) plans to sell the patents in question as part of its plan to exit bankruptcy.

In response, Kodak apparently claimed that the difficult financial circumstances that led the company to need bankruptcy protection were caused in part by the failure of companies like Apple to pay for the use of the intellectual property included in the patents in question.

The Real Irony of the Kodak Bankruptcy

While the legal squabbles between Apple and Kodak may seem petty and insignificant, both companies are invested for understandable reasons. For Kodak, one of those reasons is that its current financial struggles were brought about largely by the rise in popularity of the digital camera, which Kodak helped invent.

Kodak’s ability to repay creditorsand successfully exit bankruptcy may be affected by the ITC’s decision regarding this intellectual property case. A ruling is expected later in the week.

Back to Newspaper Home

Tap to Call - (877) 250-8242

Copyright © 2018 MH Sub I, LLC. All rights reserved. ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.Your use of this website constitutes acceptance of the "Terms & Conditions", "Supplemental Terms", "Privacy Policy" and "Cookie Policy."