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Apple Seeks Approval to File Patent Infringement Lawsuit Against Bankrupt Kodak

Apple Seeks Approval to File Patent Infringement Lawsuit Against Bankrupt Kodak

Apple has requested permission from a judge to sue Eastman Kodak for alleged patent infringement. The approval is necessary, as Kodak has recently filed for bankruptcy.

Sam Oliver for AppleInsider:

In a filing with U.S. Bankruptcy Court in New York this week, Apple asked a bankruptcy judge for the ability to sue Kodak over patents it believes are infringed in to printers, digital cameras and digital picture frames According to Bloomberg, Apple intends to file two lawsuits against Kodak: one with the U.S. International Trade Commission, and another with the U.S. District Court in Manhattan.

As is standard for patent infringement suits, Apple hopes to have the ITC bar the importation of Kodak devices for the alleged infringement. Apple’s attorneys noted in the filing they are showing “an abundance of caution” by asking the bankruptcy judge for approval, as bankruptcy law does not prevent infringement suits from being filed.

Legal battles between the two companies started in January 2010, when Kodak sued Apple, accusing them of infringing on a patent related to previewing images. Apple believes it is the true owner of that patent, as it co-developed a digital camera in the early 1990s with Kodak.

Apple counter-sued a few months later, accusing the camera maker of violating two patents. Apple earned an early victory against Kodak when the ITC riled in Apple’s favor last June.

Kodak filed for bankruptcy last month, seeking to restructure and protect its business. An agreement for a $950 million loan with Citigroup has allowed Kodak to shore up its capital, and the company has said it now believes it has sufficient capital to operate during the Chapter 11 proceedings.