back to article Kodak's using bankruptcy to rob us of our rights – Apple

Apple has hit back at Kodak's attempts to get the firms' patent issues sorted out in bankruptcy court, filing a motion in district court asking the judge to move the row there. Kodak has accused Apple of "frivolous" claims to its patents, saying that Cupertino's only purpose is to delay the camera company's sale of those patents …

COMMENTS

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Anonymous Coward

It's like watching a fat, wealthy hipster rape a corpse, isn't it?

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Coffee/keyboard

QoTW

Wow. You just summed up the whole "shiny gadget" tech industry in one line.

Well played sir.

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Anonymous Coward

No, corpses don't go around suing other companies just to feed their fat bankruptcy lawyers and bankers.

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Wow, really, people are defending Kodak here? The same Kodak who sued just about the whole industry? Let's see, in the recent run up to their recent bankruptcy Kodak has sued at least:

Apple

Samsung

Sony

LG

HTC

RIM

Epson

Fujifilm

Panasonic

Ricoh

Agfa

Sanyo

Altek Corp

Shutterfly

Collins Inc

Yeah, they totally deserve your support. /s

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Not defending Kodak, attacking Apple.

Two different things.

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Anonymous Coward

Ahh the herd mentality. "Apple is the root of all evil" and must be attacked at all costs, even when they're doing the right thing.

I guess some would even defend Intellectual Ventures, or SCO, if they attacked Apple.

Keep it up old chaps.

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Anonymous Coward

Show me a tech company that isn't suing everything that moves at the moment...

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Devil

"Not defending Kodak, attacking Apple."

Not defending Kodak *or* attacking Apple. Rather, pointing out the analogy in the first post pretty much sums up *all* the big (and many of the small) players in the tech industry.

Any one of them would happily hamstring their neighbor to get that little bit higher up the ladder. They're all as bad as each other.

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Anonymous Coward

"Show me a tech company that isn't suing everything that moves at the moment..."

Yes, however the original statement was about suing something that didn't move.. a corpse.

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Anonymous Coward

Zombies

"corpses don't go around suing other companies just to feed "

Zombies do.

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Paris Hilton

Hah! What a laugh...

Apple NEVER does the right thing....Apple ONLY does whats right for them.

Don't lie to your-self. Apple was born from a self-serving individual. The only person I respect who is associated with that company is the WOZ.

You need to grow up and open your eyes.

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In this case what's right for Apple and THE right thing aligns perfectly.

You're the one blinded by whatever it is that you hate...

If Kodak ends up selling their patents to some troll - as is likely - the whole industry suffer. Right now they're just figuring out its value.

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Re: Apple NEVER does the right thing

But I suppose you believe Google's "do not evil" crap, even after all the evil they've been shown to be doing the past few years? Apple is shit, but so is Google, Samsung, Microsoft, and so on.

They are all out for what is best for them, and consumers are only there to be cashed in on as best they can. Its just that all these companies cash in on us in a different way - Apple by selling to the high end only, Google by selling our personal details and advertising to us, Samsung by selling to us in volume from low to high end, Microsoft by abusing a monopoly to keep selling to us until we die.

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Canon/Nikon should step in

And buy the lot, assuming they still can at this point, giving Apple a much harder target to browbeat.

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Anonymous Coward

Re: Canon/Nikon should step in

What, haven't you called your good friend Larry Page and asked him to step in?

Oh wait Larry Page has no voice for the next two weeks, but you can try reaching him on Google+.

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Angel

Re: Canon/Nikon should step in

Looks like I got me an antifan.

Kwality

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Anonymous Coward

Re: Canon/Nikon should step in

Don't flatter yourself, I treat all other clueless Google employees/fanbois the same.

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Anonymous Coward

Apple demonstrated ideas without patenting them first?

Hmm, I thought something could not be patented if it had already been disclosed? Either apple are confused, had no intention of patenting it or have some kind of legally binding NDA in place with Kodak which presumably would provide enough evidence to settle this quickly?

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Re: Apple demonstrated ideas without patenting them first?

I too found the idea of Apple not having patented something the moment they thought of it as rather odd.

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Silver badge

Re: Apple demonstrated ideas without patenting them first?

I found the idea of Apple not having patented something the moment they found out somebody else had thought of it before Apple did as rather odd.

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Anonymous Coward

Re: Apple demonstrated ideas without patenting them first?

Have you not heard of patent pending?

It takes a long time to get a patent sometimes, you can't realistically afford to wait a year to get the patent before releasing a product.

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Paris Hilton

Re: Apple demonstrated ideas without patenting them first?

Quote : I too found the idea of Apple not having patented something the moment they thought of it as rather odd.

Yes, normally they patent OTHER companies innovations and ideas, and even then only after it has been in use for a few years.

Paris because she has been well used for years, so they will soon patent her. And when that happens, whatever goes on in Paris WON'T stay in Paris.

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Coat

Isnt this what contract law is for?

If there was no contract laid out prior to this patent being approved, neither Kodak nor Apple has any obligation to the other as far as I can tell... this is at best a form of "a gentleman's agreement" and Apple were on the losing end of it (for once). Go figure.

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Facepalm

Re: Isnt this what contract law is for?

A "gentleman's agreement" between a rapacious litigant and a patent troll.

It was always going to end in tears really.

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Anonymous Coward

What's up with the Firefox icon for this story in the front page?

as title

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Devil

Two years??

Good grief our court system is slow. How long does it take to determine prior art or the lack thereof? Or does the blame lie with lawyers streching things out unnecessarily?

Let's just solve this the quick way. Put the patent lawyers in an octagon shaped cage and let them fight it out. In fact, let's handle all pantent lawsuits that way. Pretty soon enough patent lawyers will decide it's not worth it that tech companies can get back to making new tech.

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Bronze badge

Kodak has accused Apple of "frivolous" claims to its patents

From gossip Apple only seem to have frivolous patents so I can see the attraction here.

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Windows

" Apple says Kodak patented the ideas behind its back,".... This is Apples MO

Apples is just a child who gets upset when someone plays by Apples rules.

Apples motto is ......DO AS I SAY.....NOT AS I DO.

I hope Kodak gets to screw Apple to the core. Pun intended.

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Gimp

Re: " Apple says Kodak patented the ideas behind its back,".... This is Apples MO

" Apple says Kodak patented the ideas behind its back,".... This is Apples MO

Can you name one example where Apple worked with a company and went to patent that technology behind their backs?

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Anonymous Coward

Lawyers

Don't you just hate them?

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Anonymous Coward

I propose a simple rule

Whoever made the first consumer digital camera wins.

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Trollface

Kodak's demise

I observe Kodak's demise with a huge amount of sadness. Paradoxically, I look forward to Apple's demise with a huge amount of glee hehehehe.

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FAIL

Re: Kodak's demise

why? In this age of complete corporatism where corporations have more rights than people either one of them (if Kodak wasn't already ran into the ground) would hire African mercenaries to kill you to meet their quarterly targets if you were unlucky enough to be born in the wrong place.

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Anonymous Coward

Re: Kodak's demise

Kodak were incompetent and didn't jump on the digital SLR bandwagon. Kodak are dying due to their own mistakes in not transitioning from film to digital properly.

In desperation they started using their patents to get income from competitors products, that's not the sign of a company doing well.

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Are any of the patents actually about anything which is both meaningfully novel and which would be unlikely to have been thought of in reasonable time by any number of people with general competence in the relevant fields?

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Meh

There's precedent

Those who recall the shenanigans during the SCO v Novell trial (and others) will remember that eventually SCO entered chapter 7 bankruptcy. The judge in bankruptcy court has astonishing powers to abrogate due process in the interests of shareholders, including ignoring Federal rules (he said at the time, "What are they going to do, take me out the back and shoot me?") and used those powers to ensure Novell never saw a dime of the damages.

During SCO v IBM as well, it transpired that bankruptcy law in the US allows for a stay of proceedings by a non-bankrupt while a bankrupt is allowed to proceed with counterclaims! Whether this would have survived a writ of certiorari is another matter.

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Wouldn't it just be simpler...

...if Apple just bought Kodak (and all of it's assets, including IP)?

Should be able to get it fairly cheap, take a charitable tax write-off on setting up a photography museum.

Of course that might temporarily leave it suing itself until it can get the cases wound down, but that'll keep the lawyers tied up and unable to move on to do damage elsewhere.

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FAIL

"Apple says that the bankruptcy court doesn't have the expertise necessary to hear a patent case "

Maybe, but any court knows a frivolous argument when the hear one and the are good at determining a*seholes like Apple.

Little wonder the US lags the Chinese market - they work to get the product out.

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WTF?

I must be missing something

Kodak has over 700 patents and needs money fast.

Apple is contesting 10 of those patents.

Why can't Kodak sell the 700 (or so) patents that aren't in dispute and argue about the other 10 at leisure?

Or are these 10 the only patents that have any value?

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Anonymous Coward

ownership

ok.

question 1: WHO was given the patents by the stupid UPSO ?

there. thats the answer. no other legal things required. if you want to fix things, fix UPSO

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Anonymous Coward

cheaper?

wouldn't it have been a lot cheaper if the person actually responsible had just gotten his ass kicked when the patent was discovered or if kodak is the one telling the truth the culprit responsible for bringing the false charge might be a little harder to discern, but not impossible. of course this might devolve into some sort of mission impossible meets the godfather type situation but would be more entertaining then this lilly-livered law-lover BS.

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Anonymous Coward

Digital memory in a digital camera patented?

Kodak wins key battle in Apple patent case

'Apple filed its patent-infringement claim against Kodak last year. The company cited patent 6,031,964, a system and method for using a unified memory architecture to implement a digital camera device." It charged that Kodak also infringed patent RE38,911, a "modular digital image processing via an image processing chain with modifiable parameter controls."`

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Bankruptcy court vs. IP court

So Apple don't think that a bankruptcy court will have the expertise required to understand IP litigation?

Much as I don't like Apples business practices, I would am inclined to believe them. Not because they might be right, but because (and let's be fair to hem here) they are probably more experienced in the IP courts then most judges hearing their cases...

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