Kodak Claims Patent Infringement by Apple, RIM
03 October 2012
Eastman Kodak Company has filed lawsuits against Apple and Research In Motion Limited (RIM) alleging the infringement of Kodak digital imaging technology.
The complaint, filed with the US International Trade Commission (ITC), claims that Apple’s iPhones and RIM’s camera-enabled BlackBerry devices infringe a Kodak patent that covers technology related to a method for previewing images. Separately, Kodak filed two suits against Apple in US District Court for the Western District of New York that claim the infringement of patents related to digital cameras and certain computer processes.
“Kodak has a long history of digital imaging innovation,” said Laura G Quatela, the company’s chief intellectual property officer. “In the case of Apple and RIM, we’ve had discussions for years with both companies in an attempt to resolve this issue amicably, 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 use of our technology.”
Kodak says it has licensed digital imaging technology to approximately 30 companies, including LG,Motorola, Nokia, Samsung, and Sony Ericsson, all of which are royalty bearing to Kodak.
In the complaint against Apple and RIM, Kodak is seeking from the ITC a limited exclusion order preventing the importation of infringing devices, including certain mobile telephones and wireless communication devices featuring digital cameras.
In the first suit against Apple in US District Court, Kodak alleges infringement of two patents generally covering image preview and the processing of images of different resolutions. In the second suit, Kodak alleges infringement of patents that describe a method by which a computer program can “ask for help” from another application to carry out certain computer-oriented functions. The allegations in the second suit apply to any Apple product that uses the processing method described above.
The patents at issue in the second suit were previously the subject of litigation between Kodak and Sun Microsystems. In that case, a federal jury determined in a 2004 trial that Sun’s Java programming technology had infringed the patents. Kodak later settled the suit by agreeing to a payment from Sun in return for a license for the patents at issue.
In both District Court actions against Apple, Kodak is seeking to permanently enjoin Apple from further infringement as well as unspecified damages.
Law Firm Fees to Rise in 2010
The results of a survey released by Altman Weil, a law firm management consulting services firm, indicate that US law firms expect to raise their billing rates 3.2% in 2010. Most law firms will make rate change decisions based on specific variables including timekeeper class, practice, client or individual timekeeper, the survey said.
“Although these results may seem to contradict some expectations for rate freezes in 2010, this is a relatively conservative rate increase by law firms that are struggling to balance their own business perspective with the needs of their clients,” said Altman Weil principal Tom Clay. “Most firms are making careful, considered increases – often client by client or lawyer by lawyer – unlike prior years when across the board increases were typical. Law firms know that this is a buyers market.”
Conducted in November 2009, the survey polled 688 US law firms with 50 or more lawyers.
On average for all law firms, billing rates will increase 3.2% in 2010 according to the survey. Larger firms
anticipate a slightly higher average increase than smaller firms, with 1,000+ lawyer firms reporting an average 4% increase, while firms with 50-99 lawyers will raise rates just 3%. In firms that plan an across the-board increase, the average rate change will be 4.1%.
Less than 1% of all law firms surveyed plan to decrease rates in 2010, but 8.5% will make no increase.
“In 2009, law firms faced a constant stream of requests from clients for discounts, and that will not change in 2010. The reality is that most rates are negotiable,” observed Clay.
Some firms commented on the move toward alternative fees that is making hourly rates increasingly irrelevant. Those firms are looking to create greater efficiencies in service delivery as a way to improve their bottom line. As one firm noted, “the key to 2010 and beyond will be to manage the margins.”
Someone wants more of your money.