Does that mean...
Does that mean that that particular judge doesn't use a iPhone, maybe should get same one for all future android cases ?
Failed camera biz Eastman Kodak says it has been given permission by the bankruptcy court to sell patents that Apple claims it owns. Kodak won approval on Monday to go ahead with a planned auction of 1,100 patents, known as the Digital Capture and Imaging Systems and Services portfolios, the firm said. "We are gratified that …
Now assuming that Apple's claims are valid, and that it does in fact own the patent rights, they might feel, quite legitimately, that paying again for something they already own could set something of a painful precedent.
Of course the key point here is that they do own the rights in the first place and quite honestly I have no idea if that is the case. What I am certain of is the fact that the American patent system needs a good kick up the arse (along with its litigation centric business / personal culture).
That would be Kodak, which is what the dispute is about.
Apple & FlashPoint worked with Kodak on product developments that ultimately created these patents, then after the partnership broke up, Kodak ended up with ownership of the patents and used them to sue Apple and RIM in 2010.
Now then, when Microsoft does stuff like this, the commentards say they are in the wrong and they should share the patents, but because it's Apple on the receiving end those same people want Apple's "enemies" (as if things really worked like that) to be given the opportunity to purchase the patents.
Personally, I don't care if that happens, but I think it would be somewhat unbalanced if the purchaser is given court protection from Apple (and presumably FlashPoint) against litigation, but that the order doesn't extend the same protection to Apple and FlashPoint against the new owners.
Yes, I understand that Apple is the Great Satan in the Holy (Mobile) OS Wars and that the Forces of Light (a.k.a. Google and Samsung) will lay waste to their boardroom and that a paradise on earth will result, where we all use our Android handsets in harmony and love. At least until the geeks realise they aren't backing the cool underdog any more and move on to the Next Big Thing, at which time the wars can begin again. Praise be to Larry and Sergey.
wouldn't it make more sense to break out those 10 and clear the way cleanly for the other 1090 to be sold ? .. are those 10 so valuable that it would create an undue burden on creditor recovery ? .. is that more important than establishing clearly who is the inventor ( still the way it works in the US ) and therefore the owner of the property in question ?
that being said, should not have Apple (and Flashpoint) challenged those 10 patents when they were made public if they were the inventors ? .. don't tech companies like Apple have a department of engineers and patent lawyers looking over patent grants ?
if they didn't know they were contributing inventors or sole inventors at the time .. it seems suspect that they've figured it out now
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