Cupertino-based, Apple Inc. is now making rounds of the New York federal bankruptcy court, as it seeks permission to sue bankrupt, veteran brand, Eastman Kodak over a slew of patent infringement accusations, which it has levelled against the latter. Sometime in May, last year, there were reports about ITC making a brief statement, revealing that they would look into the patent infringement accusations by Apple, stating that Kodak has violated Apple patents pertaining to digital still and video cameras. The iPad maker now seeks to halt the imports of various Kodak products, like printers and digital cameras into the U.S. According to a Wall Street Journal report, Apple filed its court papers at the bankruptcy court, and asked the judge to “lift the automatic stay that was applied to pending litigation against Kodak upon the company's January 19 Chapter 11 filing.”
Locked in a patent battle
Elaborating on the specifics of the case, the report stated that the digital-imaging patents that Eastman Kodak will now have to sell under the terms of its $950 million bankruptcy loan, include an Apple-owned patent. Apple, reportedly, further cited that Kodak “misappropriated Apple's technology” to secure the patent for themselves, pertaining to a digital camera that can preview images on an LCD screen, also being the cause of the feud between the companies. Apple, according to reports, has in the meanwhile, filed a fresh set of court papers, seeking permission to sue Kodak for having allegedly continued with the patent infringement, even after filing for bankruptcy. Apple, according to this report has chosen to file this case at the International Trade Commission, instead of any court.
The report further stated that, “Apple said it is the owner of “a number of valuable patents” that Kodak infringes on daily and that cover technologies used in the printers, digital cameras, digital-video cameras and digital-picture frames that Kodak imports into, and sells in, the U.S.” Apple has in its statement, according to this report stated that, “By continuing to violate Apple's patents post-petition, Kodak is engaging in unlawful activity. The law is clear that a debtor cannot hide behind the automatic stay with respect to claims arising from the debtor's post-petition conduct of its business.”
The U.S. Bankruptcy Court in Manhattan is scheduled to hear Apple's plea on February 28.