Feeds

Apple seeks permission to kick Kodak's corpse

Asks court to allow patent claim against dying photo icon

High performance access to file storage

Apple has asked the New York branch of the US Bankruptcy Court for permission to sue what's left of Kodak, the once-mighty film firm, for patent infringment.

"Apple requests express authority from this court before it initiates the actions out of an abundance of caution," Apple's lawyers wrote somewhat ungrammatically in the court filing, according to Bloomberg.

The mood must be gloomy in the corner offices at Kodak's Rochester, New York headquarters. The company filed for Chapter 11 backruptcy protection less than a month ago, but that hasn't stopped Cupertino's legal team from now going after them for what it alleges are infringements of patents covering printers, digital cameras, and digital picture frames, Bloomberg reports.

What's more, Apple is persuing a parallel action against Kodak at the International Trade Commission, a common strategy that seeks to bar manufacturers from importing infringing products into the US after they have been manufactured abroad.

The ITC, by the way, is where Kodak won a round against Apple last May, after Cupertino had filed a complaint that the now-bankrupt company was violating three of Apple's patents – a ruling that was soon partially reversed, and which is scheduled for final judgement this September.

In another full-employment act for patent lawyers, Kodak also filed a complaint with the ITC last month accusing Apple and HTC of infringing four patents related to image sharing. Bloomberg reports that Apple filed a response that argued that the ITC should not investigate that claim, seeing as how "Kodak will be selling the asserted patents and divesting itself of the parts of its business" that are part of the complaint.

Kodak responded to that argument, in part, by blaming Apple for the fix it's in. "Apple should not be using the bankruptcy to seek to disrupt Kodak's enforcement of its patents," Kodak wrote to the ITC, "given that infringers like Apple, who continue to violate Kodak's intellectual property rights and refuse to properly compensate it, have contributed to Kodak's current circumstances."

And now comes Apple's decision to slip an extra legal shrimp on the barby, Chapter 11 or no Chapter 11, by asking for permission to add to Kodak's grief.

Kodak's shares are hovering around 40¢ on Wednesday; in October 1996 they peaked at $80.25. In October 1996, Apple's stock was at $5.75; at high noon on Wall Street today, it peaked at $510.78. ®

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Big Content goes after Kim Dotcom
Six studios sling sueballs at dead download destination
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.