Why nobody checked the details of the suit before commenting
The patent in question is the result of Kodak and Apple co-developing the Quicktake digital camera. The patent was initially registered by Apple
When Apple dropped the Quicktake, they told Kodak,that it could have the patent and try and improved upon it.
When things started to go seriously bad for them (early last year), Kodak decided to sue and Apple and Rim using this same patent.
Late last year Apple countersued saying they owned the patent and therefore shouldn't be used against them.
The request to sue during Bankruptcy proceeding has been made to avoid the sales of said patent which belongs to Apple in the first place and could make a complicate situation worse.
The judge decision is in line with the jurisprudence as the usage is not to sue companies during bankruptcy proceedings, however I really can't understand the other posters Apple bashing in this case.