Apple Seeks Court Permission To Sue Kodak For Patent Infringement
First time accepted submitter yankexpat writes "The patent battles in the mobile communications space have taken another turn, as Apple has asked a court for permission to sue the bankrupt Kodak for patent infringement. From the article: '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. Apple said in a filing yesterday in U.S. Bankruptcy Court in New York that it intends to file a complaint against Kodak at the International Trade Commission and a corresponding suit in U.S. District Court in Manhattan based on patent-infringement claims. The suit will seek an order blocking Kodak’s infringement, according to the filing.'"
What's happening is that while Kodak has filed for bankruptcy, they are still working on selling its portfolio of something around 1,100 patents.
So, whoever ends up with those patents will get the legal agreements that come with them, which is why Apple is continuing to try and get court decisions in their favour.
Most likey I'd imagine that Apple Microsoft and may be RIM will join forces again (as in the Nortel acquisition) and try and scoop the lot. (RIM are also being sued by Kodak at the moment)
Watch those corners
Due to the tragic loss of our beloved chairman, Steve Jobs, Apple realizes that we are no longer capable of creating compelling products in the marketplace. As our device sales will start to drop from this point forward, we have decided that we will follow in the footsteps of SCO. Our new business model will be called SUE ALL THE COMPANIES.
Apple demonstrating once again the levels to which it will stoop to gain market advantage. Try innovating, you'll go farther...
Two of my imaginary friends reproduced once
As opposed to Kodak that has filed patent suits against RIM, Apple, HTC, Samsung and many more companies in the last few years. Oh poor babies are getting a taste is their own medicine. It's funny to see Slashtards defend a patent troll just because they got countersued by Apple.
What is the reason of this kind of behavior? Do they want to make a claim on the patentportfolio of Kodak? I wonder what Apple executives would have thought when someone would have started to sue Apple at this point in their past.
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That was my first reaction, as well, until (as some others have pointed out) Kodak sued Apple first last month in a fit of patent-trolling desperation before declaring bankruptcy. This is really just Apple's counter-suit. No sympathy for Kodak there...
Why is selling patents even legal? The original creator of a patent deserves to be rewarded so that the can come up with more original ideas, but why should someone who has potentially created nothing be rewarded? The creator can license the patent to anyone, so shouldn't need to sell it.
Licensing can work, however it is the original inventor's choice and some prefer to just sell.
(1) Licensing requires an ongoing relationship and probably periodic payments.
(2) It also requires that the original inventor assume some risk in that the invention remains desirable and the inventor retains licensees.
(3) The original inventor is also still on the hook for any legal issues and costs.
An original inventor may prefer one lump sum payment and be done with it and move on to the next big idea without any distractions, risks or liabilities. Also some buyers prefer to own rather than license. If licensing is the only option the number of buyers is reduced, this may lower the value of the invention.
I hope you apply the same standards to those who Apple has sued with trivial and obvious software-patents.
But who do you think is more likely to have valid patents in the digital imaging arena? Kodak (who have been in the business since 1889) or Apple (who have been in the business since 2007)? Yes, Kodak's move was one of desperation. Apple's move is just pure spite.
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