Bloomberg News

Apple Loses Bid to Move Kodak Patent Suit to New Court

July 26, 2012

Apple Inc. (AAPL:US), which is fighting Eastman Kodak Co. over ownership of patents, lost a bid to transfer a Kodak lawsuit against the iPhone-maker out of bankruptcy court.

U.S. District Judge George Daniels in Manhattan today denied Apple’s request to move the lawsuit to his court from the bankruptcy court overseeing Kodak’s restructuring.

Daniels said Apple’s transfer request could be reconsidered after U.S. Bankruptcy Judge Allan Gropper rules on Kodak’s request for an order blocking Apple’s ownership claims to 10 patents. Gropper heard arguments on the issue earlier this week.

Kodak and Apple are grappling over patents that are included in a portfolio Kodak is set to auction next month as part of its bankruptcy case. Kodak sued Apple in June in bankruptcy court, seeking to block Apple’s ownership claims to the assets.

Apple argued in court papers that the bankruptcy court doesn’t have the authority or “necessary expertise” to decide the dispute. Kodak opposed withdrawal of the case.

Jeremy Fielding, a Kodak spokesman, said the Rochester, New York-based company was pleased by today’s decision. Paul Basta, an attorney for Cupertino, California-based Apple, declined to comment after the court hearing.

The Apple lawsuit is Eastman Kodak Co. (EKDKQ:US) v. Apple Inc., 12-01720, U.S. Bankruptcy Court, Southern District of New York (Manhattan).

To contact the reporter on this story: David McLaughlin in New York at dmclaughlin9@bloomberg.net

To contact the editor responsible for this story: John Pickering at jpickering@bloomberg.net


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