Kodak is accusing Apple and FlashPoint Technology of attempting to block Kodak’s sale of its patent portfolio as part of its Chapter 11 bankruptcy proceedings. The photography giant has now filed a new lawsuit against the two companies, arguing that Apple and FlashPoint are deliberately taking advantage of Kodak’s bankruptcy situation by attempting to “delay and derail Kodak’s efforts” to sell its Digital Capture Portfolio by claiming that they own 10 of the claimed patents.
According to Kodak’s complaint, filed in the US Bankruptcy Court for the Southern District of New York, Kodak and Apple worked together between 1992 and 1994 to develop “certain digital camera technology” under Apple’s code names Adam, Aspen, and Phobos. In December of 1994, the companies entered an agreement regarding Aspen and Phobos that said each party retained ownership of its own intellectual property.
That same month, Kodak filed an application with the US Patent and Trademark Office (USPTO) for one of the main patents involved in the dispute (referred to as the “‘218 patent”) and subsequently filed applications for nine other digital imaging patents. All of the patents ended up being issued to Kodak between 1996 and 2010.