Kodak moans to the court
Eastman Kodak has filed a complaint against Apple and FlashPoint Technology claiming the pair of them are trying todelay and derail its efforts to sell its patents relating to digital imaging.
Kodak has filed for bankruptcy and asked for a court motion seeking approval for confidential bidding for the auction of its digital patent portfolio, that it expects will be completed by August. The planned sale of its Digital Capture Portfolio is an important element getting the debts money back.
But Jobs' Mob has laid claim to 10 of the patents in the Digital Capture portfolio. It claims it invented them and claims they arising from joint development work and a contract between Kodak and Apple. FlashPoint, which is a patent outfit, claims that a 1996 agreement between Apple and FlashPoint assigned any rights Apple has in the claimed Kodak Patents to FlashPoint. [I am dizzy. Ed]
Kodak wants an injunction barring Apple and FlashPoint from asserting ownership claims under any theory, including inventorship, to the Kodak patents. It said that it will suffer serious harm if Apple and FlashPoint are permitted to continue their public campaign to create uncertainty as to the ownership of the claimed Kodak patents.
It has asked the court for a declaratory judgment finding that the debtors are permitted to sell the ten Kodak patents, free and clear of any interest of Apple or FlashPoint. Jobs Mob is playing a game so that it can delay as long as possible the payment of royalties to Kodak, and to interfere with the planned sale of the Digital Capture portfolio, Kodak claims.