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Kodak Patents Sold for $525 Million

An anonymous reader writes "Intellectual Ventures and RPX Rational Patent, two companies frequently referred to as patent trolls, have snapped up the troubled Kodak company's imaging patents. Bloomberg reports that Kodak has agreed to sell the patent portfolio for $525 million, despite previous valuations of over $2 billion." New submitter speedplane adds "How many stories have we read hating on the biggest patent troll of them all? Finally we see Intellectual Ventures making their case in a Wired op-ed, filled with everything you would would expect from a company suing the tech world on thousands of dubious patents: '...the system needs intermediaries within the market — companies like Intellectual Ventures — to help sift through and navigate the published landscape. By developing focused expertise, these patent licensing entities and intermediaries can function as patent aggregators, assembling portfolios of relevant inventions and providing access through licensing.' And my favorite gem: 'Ultimately, the users of those products — you — are the ones who benefit.'"

25 of 117 comments (clear)

  1. so who really owns the patents? by alen · · Score: 2

    IV is just taking money from someone to buy them up and license them out to the investors

    i've read that apple and google were going to jointly buy these. chances are that they just gave money to IV just to have a neutral third party hold them

    1. Re:so who really owns the patents? by meerling · · Score: 5, Insightful

      Yeah, that's like saying a hyena and a lion were going to have a leopard hold the dead antelope they both want to eat.

    2. Re:so who really owns the patents? by Smallpond · · Score: 4, Funny

      Could you please just stick to car analogies?

    3. Re:so who really owns the patents? by bluefoxlucid · · Score: 3, Insightful

      To be fair, yeah, basically IV's fluffy marketing has a point. They're assholes, but they provide the service to the tech industry that they claim: the industry invents, patents, then sells their patents and gets to capitalize on the invention without the logistics of capitalizing on the invention. They lose their defense, though--they can't cross-license with these patents anymore.

      Really though think about it. You have either companies A and B trying to crush each other and all other competition with their patent portfolios, stalemating each other but keeping all small entrants out of the market; or you have companies A and B selling to company C, who uses Company B's patents to bleed money out of A and company A's patents to bleed money out of B (each sells with provision of having a license to their own technology), and also crushes all small entrants. Same shit, different day.

    4. Re:so who really owns the patents? by Pope · · Score: 5, Funny

      OK: that's like saying a Jaguar and a Cougar were going to have a Bobcat hold the dead Impala they both want to eat.

      --
      It doesn't mean much now, it's built for the future.
    5. Re:so who really owns the patents? by hairyfeet · · Score: 4, Insightful

      Or you just go to China that don't give a fuck or play these little reindeer games to get your stuff built and let 'em sue a phony shellcorp you set up to take all the losses as a tax dodge.

      Don't learn from history yadda yadda the reason the west took off during the industrial revolaution is we didn't care about the old world patents and copyrights, this let our inventors stand on the shoulders of giants and build better tech. Now the USA is completely crippled by the blood sucking lawyers so its all gonna end up in Asia where they will learn by standing on the shoulders of giants to make even better tech. Hell look at the Loongson dragon CPU, here you have a MIPS CPU that has hardware accelerated X86 emulation through Bochs so you can have the long battery life of MIPS and get to have your X86 apps at nearly 85% native speed!

      But not only can you NOT build that in America, hell you can't even import that into America but Intel owns X86 and won't license under FRAND so that is that.This is why Asia will be the next to rule the roost, they can come up with truly novel ideas without getting cockblocked or sued into the next life by the blood sucking lawyers. Its a damned shame but what do you expect when a country is ass deep in lawyers and all the politicians are lawyers but a lawyer's paradise?

      --
      ACs don't waste your time replying, your posts are never seen by me.
  2. this is like open source, but with money by alen · · Score: 4, Informative

    i read the article and 12 companies are fronting the money for this with the ownership split between 2 holding companies

    apple, google, facebook, and others are the ones buying up the patents. IV and RPX are just the holding companies to avoid nasty lawsuits about licensing terms

    1. Re:this is like open source, but with money by Smallpond · · Score: 2

      i read the article and 12 companies are fronting the money for this with the ownership split between 2 holding companies

      apple, google, facebook, and others are the ones buying up the patents. IV and RPX are just the holding companies to avoid bad publicity about licensing terms

      FTFY

    2. Re:this is like open source, but with money by NeutronCowboy · · Score: 4, Interesting

      I don't think we have the same definition of open source. For one, IV and RPX are about as closed source as you can get - you can't even buy the things from them that they are suing over. At least Microsoft gives you something before it locks you into its OS or product suite. Furthermore, there's gotta be something in this for IV and RPX. Their lawyers don't get out of bed for less than 7 figures. As best as I can figure, the companies that bought the patents have perpetual license rights to them, and IV and RPX can sue everybody else for eleventy hojillion dollars for anything having to do with taking, storing, transforming and thinking about a picture.

      On the upside, maybe the losers in the bidding war will lobby Congress to get IV and RPX off of their back.

      --
      Those who can, do. Those who can't, sue.
    3. Re:this is like open source, but with money by maeglin · · Score: 2

      Who cares. You don't like it? Make your own tech and release it to the public domain.

      Nice troll but you can't really do that without some level of fear if you can't afford a patent attorney. In this environment every Open Source / PD developer is sitting on a huge legal risk even if they were first to develop and are going to be backed by no one except maybe the EFF if the trolls come knocking.

      Are the odds great that you'll be sued into oblivion? Not necessarily. Is it unreasonable that someone who is altruistically donating their time to the greater good should fear reprisals from greedy IP barons sitting on piles of obvious patents? Yes, absolutely.

      The system is broken. You don't like it? Maybe you should contribute something yourself instead of posting bullshit on /.

    4. Re:this is like open source, but with money by tgd · · Score: 2, Informative

      Great. So we've gone from big companies sueing each other into oblivion, to big companies forming powerful patent cabals. Must suck to be part of a start-up.

      No, that's how the economy has worked since the start of the industrial revolution, and precisely the intent of patent law. Its been just fine for startups for 200 years. You either pay to license IP, or you develop something substantial enough on your own to warrant cross-licensing.

      Google "patent thicket" and get reading. Of particular interest are loom and sewing machine companies of the 1800's, the telegraph companies of the 1800's and the mechanical calculator companies of the late 19th and early 20th century. There's some good stories to be had there, and they'll open your eyes.

    5. Re:this is like open source, but with money by jedidiah · · Score: 2

      The fact that we are repeating the insanity does not make it any more sane. All it really demonstrates is that we fail to learn from history.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  3. Aww, how adorable... by fuzzyfuzzyfungus · · Score: 4, Insightful

    The complexity, and getting-sued risk, of tech patents are just so high that we need good, honest, businessmen like Intellectual Ventures to help us sort it all out for a small fee...

    Seriously, you know that you are a morally bankrupt fucker when you are the one making that argument in your favor. Sure, in countries with shitty regulatory environments and 'rule of law' that exists largely as a punchline, you have a class of professional 'fixers', who know how to make things happen when provided with a suitable supply of grease for the correct palms, along with a supply of thugs to which you can pay for 'protection' to ensure that bad things don't happen. Those, though, at least have the decency to keep their mouths shut, and recognize that they are a symptom of a sick, dysfunctional system. IV has the audacity to argue that needing to hire a fixer and pay protection money for the privilege of selling a product without being nuked into a smoking crater is a good thing. Where is the osteosarcoma fairy when we need her?

    1. Re:Aww, how adorable... by The+Grim+Reefer · · Score: 5, Funny

      The complexity, and getting-sued risk, of tech patents are just so high that we need good, honest, businessmen like Intellectual Ventures to help us sort it all out for a small fee...

      Why didn't they just name this company Intellectual Vultures? I would at least respect them for their honesty if they did.

  4. Consider the opposite model by jeffmeden · · Score: 4, Insightful

    What Intellectual Ventures is trying to do (as they suggest) is create a patent environment where at least the relevant property can be bought/sold for proper licensing purposes. Consider instead the model where the Apples or Microsofts of the world hold patents and refuse to license (or do so reluctantly and at an extorted price) and ask yourself which you prefer. If reform isn't coming (and no signs would suggest that it is) then this might be the lesser of two evils.

    Or maybe not, who knows.

    1. Re:Consider the opposite model by tgd · · Score: 2

      Just curious, but when has Microsoft refused top license something?

      But hey, why be accurate, right? No point being accurate.. being right and shit is for suckers.

      You're exactly right. Microsoft spends nearly $10b a year in pure research, and loves licensing patents on that research. They make a significant chunk of revenue on patents on a ton of things -- not just hardware and software. And they're very aggressive about cross-licensing. That's why the amount MS makes off an Android phone varies by manufacturer -- the license costs cover just the value imbalance of the cross-licensed portfolios. (As they should!)

      That's how technology companies have worked since they came into existence, its nothing new, and its (frankly) not broken these days. The system is working exactly as designed, and exactly as it has for 150+ years.

  5. How to deal with patent trolls by ShanghaiBill · · Score: 5, Interesting

    I have been threatened by a patent troll, Acacia Research Group, several times. They didn't invent CDROMs or HTML, but they acquired a patent for putting HTML on a CDROM. They threatened to sue me for doing the same. I was doing it before the date of their patent, so I figured I had prior art. So I decided on the following course of action: do nothing. I filed their letter, and ignored them. A few months later they sent me a more threatening letter. I ignored that one too.

    Several years later, I received another letter from them about another dubious patent they claimed I was violating. I wasn't, and figured they were just fishing, so I ignored that letter too.

    Then, years after that I received another threatening letter about the original "HTML on CDROM" patent. This was after the KSR International v Teleflex Supreme Court ruling that invalidated these kinds of "combination" patents. So again I decided to just ignore them. I never heard from them again.

    So if you are threatened by a patent troll, my recommendation for an initial response , is to just ignore them. My experience is that works 100% of them time, but YMMV. They probably have no reason to believe you are actually violating their patents, are are just shotgunning letters out to a long list of target companies, in the hopes that there are some dufuses that will just roll over a offer to settle. If everyone ignores them are much as possible, and impedes their attempts to extort, then their business model falls apart.

    1. Re:How to deal with patent trolls by roc97007 · · Score: 3, Interesting

      I'm thinking, because that would have made him a target.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  6. "Intellectual Ventures" by Anonymous Coward · · Score: 3, Funny

    My mistake. I thought it read "Intellectual Vultures". Sorry

  7. Re:Pocket change for Google by Hes+Nikke · · Score: 3, Insightful

    For only $550M, why didn't Google buy the patents? That's pocket change for them (even for Sergey personally), and I'm sure Android infringes on one or more of the patents. Google could indemnify all Android manufacturers and software developers.

    -- or --

    For only $550M, why didn't Apple buy the patents? That's pocket change for them (even for Cook personally), and I'm sure iOS infringes on one or more of the patents. Apple could indemnify all iOS manufacturers and software developers.

    -- or --

    For only $550M, why didn't Microsoft buy the patents? That's pocket change for them (even for Balmer personally), and I'm sure Windows infringes on one or more of the patents. Microsoft could indemnify all Windows manufacturers and software developers.

    Do you see the problem yet? you'd have yourself a bidding war for a patent portfolio valued at $2 billion.

    --
    Don't call me back. Give me a call back. Bye. So yeah. But bye our, well, but alright we are on a shirt this chill.
  8. Re:Hardly by Anonymous Coward · · Score: 3, Insightful

    Patent law is intended (If you accept the original reading approach to the constitution) to promote the growth of the arts by ensuring that the inventor had, for a limited time, the exclusive rights to his creation. However, for copyright, that's now "until hell freezes over" and for patents it's "... on a mobile device"

  9. Re:Pocket change for Google by mordenkhai · · Score: 3, Informative

    As usual the summary tells a tiny bit and its not the whole story so from the article here is your answer:

    A group including Apple Inc. (AAPL), Google Inc. (GOOG) and Research In Motion Ltd. (RIM) agreed to buy patents from bankrupt Eastman Kodak Co. for about $525 million, gaining the right to use the digital technology to capture and share photos.

    The group is led by Intellectual Ventures Management LLC and RPX Corp. (RPXC), Kodak said in a statement today. Google, Apple and RIM are among the 12 companies that will license the patents in the deal, according to a court filing. Under the terms, Intellectual Ventures will split the payment with the licensees.

    Facebook Inc. (FB), Amazon.com Inc. (AMZN) and Microsoft Corp. (MSFT) also are part of the group, the court filing shows, along with Samsung Electronics Co., Adobe Systems Inc. (ADBE), Fujifilm Holdings Corp. (4901), Huawei Technologies Co., HTC Corp. (2498) and Shutterfly Inc. (SFLY) The auctioned patents -- more than 1,100 related to the capture, manipulation and sharing of digital images -- were previously estimated by advisory firm 284 Partners LLC to be worth as much as $2.6 billion.

    “This is a fraction of our overall patent portfolio,” said Chris Veronda, a spokesman for Rochester, New York-based Kodak. “We retain ownership of about 9,600 other patents for our ongoing businesses.” The agreement resolves all patent-infringement lawsuits between Kodak and the 12 licensees, Veronda said. That includes suits Kodak had against Apple, RIM, Fujifilm, HTC, Samsung and Shutterfly. In a May filing, Kodak had said Apple alone owed it more than $1 billion in patent royalties.

  10. Copyright length and hell freezing over by davidwr · · Score: 2

    However, for copyright, that's now "until hell freezes over"

    Even Disney will be hard-pressed to get copyright extended beyond about 115-120 years and have it stick.

    Why? Because I doubt you can get 5 justices of the Supreme Court to agree that "for a limited time" means longer than any living human has been alive.

    Yes, there are and will be exceptions such as unpublished works and works which first fell under Federal copyright protection long after their creation (e.g. old previously-unpublished works, sound recordings first published prior to the early 1970s, some foreign works not published in the USA until long after their original publication, etc.), but even in those cases, if it ever reaches their bench the Supreme Court will rule that US copyright protection is limited by our Constitution to about 115-120 years from the effective date of the American copyright.

    Extend these numbers if and when the maximum human lifespan goes beyond current levels.

    So, instead of copyright lasting "until hell freezes over," it will last until "everyone alive when the item entered copyright is dead."

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Copyright length and hell freezing over by mcgrew · · Score: 2

      I doubt you can get 5 justices of the Supreme Court to agree that "for a limited time" means longer than any living human has been alive

      Cast your doubts aside, in the Lessig decision they said "unlimited" means whatever Congress says it means.

  11. Wow. by SeaFox · · Score: 2

    Bloomberg reports that Kodak has agreed to sell the patent portfolio for $525 million, despite previous valuations of over $2 billion."

    I just can't figure out how Kodak ended up in bankruptcy to begin with when they have leadership like this...