Apple Countersues Kodak Over Patent Infringement

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Apple has filed a countersuit against Kodak in today’s edition of Patent Suit Theater, Patently Apple has discovered. You may recall that Kodak sued Apple and RIM back in January over what it claims are patent infringements.

Citing two USPTO granted patents, Apple is countering Kodak’s claim that its mobile and digital camera products violate Kodak patents.

From the court filing from April 15, 2010:

Personal jurisdiction of this Court over Kodak is proper because Kodak commits acts of infringement in violation of 35 U.S.C. 271 and places infringing products into the stream of commerce, through an established distribution channel, with the knowledge and/or understanding that such products are sold in the State of California, including in this district. These acts cause injury to Apple within the District. Upon information and belief, Kodak derives substantial revenue from the sale of infringing products distributed within the District, and/or expects or should reasonably expect its actions to have consequences within the District, and derives substantial revenue from interstate and international commerce. In addition, Kodak has knowingly induced, and continues to knowingly induce, infringement within this State and within this District by contracting with others to market and sell infringing products with the knowledge and intent to facilitate infringing sales of the products by others within this District, by creating and/or disseminating user manuals for the products with like mind and intent, and by warranting the products sold by others within the District.

Apple is currently being sued and counter-suing Nokia and is also suing HTC. As much as we enjoy the theatrics about what company owns what IP patent, it’s really just more proof that the patent system needs to be reformed.

[img credit: Thomas Roche]

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Tags: apple, ITC, Kodak, lawsuits, patent theater



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