-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, AU4RYqXIdU0zt5q8ISQRQcfuXGdzQaDjqShapiE8BFN49IC9jMZFlmBNiCHmpC8x GzCU7M0StTp/08q1bR7Gvw== 0000031235-11-000016.txt : 20110125 0000031235-11-000016.hdr.sgml : 20110125 20110125162525 ACCESSION NUMBER: 0000031235-11-000016 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20110124 ITEM INFORMATION: Other Events FILED AS OF DATE: 20110125 DATE AS OF CHANGE: 20110125 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EASTMAN KODAK CO CENTRAL INDEX KEY: 0000031235 STANDARD INDUSTRIAL CLASSIFICATION: PHOTOGRAPHIC EQUIPMENT & SUPPLIES [3861] IRS NUMBER: 160417150 STATE OF INCORPORATION: NJ FISCAL YEAR END: 1019 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-00087 FILM NUMBER: 11546759 BUSINESS ADDRESS: STREET 1: 343 STATE ST CITY: ROCHESTER STATE: NY ZIP: 14650 BUSINESS PHONE: 7167244000 MAIL ADDRESS: STREET 1: 343 STATE STREET CITY: ROCHESTER STATE: NY ZIP: 14650 8-K 1 jan2520118-k_itc.htm EASTMAN KODAK COMPANY 8-K FILING jan2520118-k_itc.htm





UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934


Date of report (Date of earliest event reported): January 24, 2011



Eastman Kodak Company
(Exact name of registrant as specified in its charter)



New Jersey
1-87
16-0417150
 
(State or Other Jurisdiction of Incorporation)
(Commission File Number)
(IRS Employer Identification No.)


343 State Street,
Rochester, New York 14650
(Address of Principal Executive Office) (Zip Code)


Registrant's telephone number, including area code:   (585) 724-4000


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[  ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[  ]  Soliciting material pursuant to Rule 14a-12 under the Securities Act (17 CFR 240.14a-12)

[  ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[  ]  Pre-commencement communications pursuant to Rule 13e-4(c)under the Exchange Act (17 CFR 240.13e-4(c))

 


 
 

 

Item 8.01  Other Events.

On January 24, 2011, Eastman Kodak Company (Kodak) received notice that the Administrative Law Judge (ALJ) in the U.S. International Trade Commission (ITC) action brought by Kodak against Apple Inc. (Apple) and Research In Motion Limited (RIM) has issued an initial determination recommending that the patent claim at issue is invalid and not infringed.  The final decision in this case, based on the deliberation of the full ITC Commission, is expected by May 23, 2011.  Further information on the ALJ’s initial determination is referenced in the press release attached to this document as Exhibit (99.1).

As previously reported, on January 14, 2010, Kodak filed a complaint with the ITC against Apple and RIM for infringement of patents related to digital camera technology.  In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras and Components Thereof, Kodak is seeking a limited exclusion order preventing importation of infringing devices including iPHONES and camera enabled BLACKBERRY devices.



Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

(99.1) 
Press release issued by Eastman Kodak Company on January 24, 2011 relating to Notice of Initial Determination in ITC Patent Infringement Action against Apple and Research In Motion.

















 
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SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
EASTMAN KODAK COMPANY
 
 
By:   /s/ Laura G. Quatela
 
        Laura G. Quatela
                                                                                                       General Counsel
 
 


 
Date:  January 25, 2011
 




EASTMAN KODAK COMPANY
INDEX TO EXHIBITS

Exhibit No.

(99.1) 
Press release issued by Eastman Kodak Company on January 24, 2011 relating to Notice of Initial Determination in ITC Patent Infringement Action against Apple and Research In Motion.




 
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EX-99.1 2 exhibit991.htm EXHIBIT (99.1) exhibit991.htm

Exhibit (99.1)
EASTMAN KODAK COMPANY

Financial Media Contacts:
David Lanzillo, Kodak, +1 585-781-5481, david.lanzillo@kodak.com
Gerard Meuchner, Kodak, +1 585-724-4513, gerard.meuchner@kodak.com

 

 
Kodak Receives Notice of Initial Determination in ITC Patent Infringement Action Against Apple and Research In Motion
 

ROCHESTER, N.Y., Jan. 24 -- Eastman Kodak Company (NYSE:EK) today announced that it has received notice that the Administrative Law Judge (ALJ) in the U.S. International Trade Commission (ITC) action brought by Kodak against Apple Inc. and Research In Motion Limited (RIM)  has issued an initial determination recommending that the patent claim at issue is invalid and not infringed. The patent at issue relates to a technology invented by Kodak for previewing images on a digital camera-enabled device. This particular Kodak patent was recently confirmed as valid by the U.S. Patent and Trademark Office (USPTO).
The final decision in this case, based on the deliberation of the full ITC Commission, is expected by May 23.
“The ALJ’s recommendation represents a preliminary step in a process that we are extremely confident will conclude in Kodak’s favor,” said Laura G. Quatela, General Counsel, Chief Intellectual Property Officer and Senior Vice President, Eastman Kodak Company. “This very same Kodak patent was upheld by a different ALJ at the ITC in our case against LG and Samsung, whose products use the very same Kodak technology to function in the very same manner as similar products from Apple and RIM. What’s more, the attorneys at the ITC’s Office of Unfair Import Investigations, which separately examined this case, agree with Kodak’s interpretation of the patent. We fully expect the ITC Commission will ultimately rule that the patent claim at issue is valid and infringed by Apple and RIM.
“Kodak has a long history of digital imaging innovation,” Quatela said. “We have created an industry-leading portfolio of more than 1,000 digital imaging patents. We remain committed to protecting our intellectual property and to defending ourselves against those who would make erroneous claims to it.”
Kodak initially filed an ITC complaint against Apple and RIM on January 14, 2010, asserting that Apple’s iPhones and RIM’s camera-enabled Blackberry devices infringe a Kodak patent covering technology related to a method for previewing images. Kodak also has Federal Court actions pending against RIM and Apple in the Northern District of Texas and in the Western District of New York, where this same issue will be adjudicated.
Kodak has licensed its imaging patents, including the one at issue in the case currently before the ITC, to numerous leading technology companies including: LG, MEI/Panasonic, Motorola, Nokia, Olympus, Samsung, Sanyo, Sharp, Sony, and Sony Ericsson.
 
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About Kodak

As the world's foremost imaging innovator, Kodak helps consumers, businesses, and creative professionals unleash the power of pictures and printing to enrich their lives.

To learn more, visit http://www.kodak.com and follow our blogs and more at http://www.kodak.com/go/followus.

2011
 



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