14 DAY TRIAL // Kodak has issued a complaint to the International Trade Commission (ITC) claiming that Apple’s smartphones and tablets are infringing patents related to technology for transmitting images. Taiwan’s HTC is also targeted by the suit.
Eastman Kodak Company has filed separate lawsuits against Apple Inc. and HTC Corporation, alleging the infringement of certain patents relating to digital imaging technology.
The photographic equipment manufacturer filed a complaint with the U.S. International Trade Commission (ITC), claiming that some (not all) of Apple’s iDevices infringe Kodak patents that relate to technology for transmitting images.
The same filing claims that some of HTC’s smartphones infringe a patent that covers technology related to a method for previewing images, which is already the subject of pending actions against the Cupertino, California-based maker of iPhones and iPads.
“As we have stated before, Kodak is the leader in digital imaging innovation and we have invested hundreds of millions of dollars creating our pioneering patent portfolio,” said Laura G. Quatela, President and Chief Operating Officer, Eastman Kodak Company. “We’ve had numerous discussions with both companies in an attempt to resolve this issue, and we have not been able to reach a satisfactory agreement."
“Our primary interest is not to disrupt the availability of any product but to obtain fair compensation for the unauthorized use of our technology,” Quatela added. “There’s a basic issue of fairness that needs to be addressed. The failure of companies to appropriately compensate Kodak for the unauthorized use of our patented technology impedes our ability to continue to innovate and introduce new products.”
Separate suits were filed by Kodak in the U.S. District Court for the Western District of New York alleging the same infringement.
In the filing forwarded to the ITC, Kodak is seeking an exclusion order preventing the importation of infringing devices.
In the suits filed with the U.S. District Court, Kodak alleges infringement of the same patents and is seeking to recover the damages, as well as to permanently enjoin Apple and HTC from further infringement.
Timothy M. Lynch, chief intellectual property officer, said “We remain open to negotiating a fair and amicable agreement with these companies, which has always been our preference and our practice with other licensees.”
“We seek to avoid litigation in our licensing programs whenever possible. But when the infringement is persistent, we will act to defend the interests of our shareholders and licensees, and to promote the fair compensation that is the bedrock of innovation,” added Lynch.