In February, Eastman Kodak Company filed a patent infringement complaint with the US International Trade Commission against Apple Inc. over digital camera technology used in the iPhone. It was revealed today in court documents that Apple Inc filed a counter suit against Eastman Kodak on April 15, 2010. The intellectual property patent suit was filed in the California Northern District Court. Apple claims that Kodak has infringed on two of their granted patents and lists the products under violation. Apple is seeking a trial by jury.
The Following Selective Excerpts are from Apple's Official Filing Dated April 15, 2010
5. 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 lists the following two USPTO granted patents:
Apple Granted Patent 6,031,964: System and method for using a unified memory architecture to implement a digital camera device.
Apple Granted Patent RE38,911: Modular digital image processing via an image processing chain with modifiable parameter controls.
The Products Infringing on Apple's Patents as per the Court Document
Z915, Z950, Z1085 LS and ZI485 IS; the Kodak M Series of cameras including but not limited to the M340, M341, M380, M381, M530, M1033, and M0193 IS; The Kodak C Series of cameras, including but not limited to the C142, C180, C182, C190 AND C913; the Kodak SLICE camera; and the Kodak video cameras, including but not limited to the Zi6, Zi8, Zx1, and the PlaySport.
Apple will have put Kodak on notice of the '964 [and RE'911] patent[s] and Kodak's infringement thereof by no later than upon service of this Complaint.
Apple has been irreparably harmed by Kodak's acts of infringement, and will continue to be harmed unless and until Kodak acts of infringement are enjoined and restrained by order of this court.
As a result of Kodak's act's of infringement, Apple has suffered and will continue to suffer substantial damages in an amount to be proven by trial.
- 1. Adjudge that Kodak has infringed, induced others to infringe, and/or committed acts of contributory infringement with respect to the asserted claims of the '964 and RE'911 Patents;
- 2. Permanently enjoin Kodak from further infringement of the '964 and RE'911 patents;
- 3. Award Apple compensatory damages;
- 4. Award Apple its costs and reasonable experts' fees and attorneys' fees; and
- 5. Award Apple such other relief as the Court deems just and proper
Apple demands trial by jury for all issues so triable under Federal Rule of Civil Procedure 38(b) and Civil Local Rule 3-6(a).
Apple Inc. Attorney: WEIL, SOTSHAL & MANAGES LLP.