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Judge: Apple can sue even if Kodak sells patents


Eastman Kodak has failed to persuade a judge to rule that Apple has no interest in a group of patents Kodak is putting up for sale as part of its bankruptcy reorganization, reports “Bloomberg” (

U.S. Bankruptcy Judge Allan Gropper in Manhattan said the dispute could be resolved through a lawsuit in Kodak’s Chapter 11 bankruptcy case. “An adversary proceeding will permit the parties to raise issues in an orderly and expeditious fashion and preserve all of their just rights,” he said on Wednesday.

Kodak wants to sell the patent assets; the company said in court papers that it needed the order to aid in the sale. Apple has claimed ownership of the patents and is trying to “delay and derail” the sale effort, Kodak said.

Apple sued Kodak in April 2010, about three months after Kodak accused Apple and Research In Motion of infringing a patent related to ways of previewing images. Apple’s countersuit said Kodak devices copy the technology that it uses in Macs, iPhone, iTunes and Photo Booth involving image processing, energy management and memory design.

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