“A judge Thursday said Apple Inc. couldn’t pursue patent infringement litigation against Eastman Kodak Co. over a patent the computer giant fears might be sold during Kodak’s bankruptcy before an ownership dispute is resolved,” Joseph Checkler reports for The Wall Street Journal.
“Judge Allan L. Gropper of U.S. Bankruptcy Court in Manhattan’s rulings covered both a pending suit Apple has against Kodak over the patent, as well as another complaint it wants to bring that covers damages the company thinks it is owed since Kodak filed for Chapter 11,” Checkler reports. “The pending suit in the U.S. District Court in Rochester, N.Y., had already been stopped automatically by both the International Trade Commission and bankruptcy law, but Apple sought to lift the ‘automatic stay’ shielding Kodak from litigation so the suit could continue.”
Checkler reports, “Unfreezing that case, Judge Gropper said, would be inappropriate, although he suggested any ultimate decision he makes over the patent could probably be done “without any waiver of any jury trial rights,” meaning that Apple and Kodak could continue the fight later out of bankruptcy court even after he makes a decision. The two sides could also settle the issues and come before Judge Gropper for approval of any settlement.”
Read more in the full article here.
MacDailyNews Take: No rush. Kodak’s going nowhere.
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Apple claims ownership of digital photography patents asserted by Kodak – January 20, 2012
Kodak files for bankruptcy, secures $950 million lifeline – January 19, 2012