The American University Intellectual Property Brief is pleased to announce the publication of its Fall 2011 issue.
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Kodak: An Example of What Not to do With Your Patents.
Image Attributed to Wikimedia Commons User Veronidae
Kodak has recently announced that it is on the verge of bankruptcy, which raises many questions. Kodak is a name known for 35mm camera film as well as cameras themselves. They have had considerable success but seem to be caught in a downward spiral that they have been unable to correct. Back in 2004 they were removed from the Dow Jones Average with a stock price of $25.38. It recently hit as low as $0.36 a share. This was a long way down from its high price of $94 a share in February1997, which should have been a sign to them that times were changing and that they needed to get their act together.
It is reported that Kodak owns over 10,000 patents and is considering a chapter 11 filing that could result in the sale of 1,100 patents. They have lawsuits in progress against Apple and RIM, but who does not nowadays? These lawsuits have not been going well, and even the rocket docket of the ITC has announced a delay in reporting the results of a review of the lawsuit against Apple and RIM. I can only question what Kodak is doing in the ITC; if you’re going bankrupt why try and fight a battle to stop Apple and RIM importing phones if you cannot survive the fight? Even if Kodak wins, they will still have to seek damages in a standard court or negotiate royalties, adding more delays that they do not appear to have the capital to survive. Kodak is claiming to need $1 billion in financing to survive bankruptcy proceedings. I think they were playing a game to increase the value of their patents, seeing the doom on the horizon and relying upon the belief that a court ruling of validity would substantially increase its patent portfolio value.
In a last-ditch effort, Kodak fired off some lawsuits against HTC and Apple on Tuesday, January 10, 2011. They have filed in the Western District of New York and the ITC. Kodak’s first smart move so far is seeking some damages and money from its patent portfolio to give Kodak some operating income. This strategy all depends upon whether they can get the money to survive the length of the legal battle in order to actually earn some money to save the company. Read the full story »
In the march towards litigation, Facebook and Timelines.com have filed a joint status report setting dates for the stages of discovery. However, the companies have left open the possibility of settlement, and suggest it may be facilitated by having a conference with a magistrate judge.
Empress Hair Care sues Sean “Diddy” Combes’s clothing company for using the same name for its fragrance.
Ron Paul’s political campaign filed a trademark infringement claim against a YouTube user whose video endorses Paul but inappropriately questions Huntsman’s allegiance because of ties with China. Is the video of “commercial use,” and is Paul’s claim viable?
![“Careful! That is [Trademark Dilution]”: Louis Vuitton Sues Warner Brothers over “The Hangover Part II”](http://www.ipbrief.net/wp-content/themes/arthemia-premium/scripts/timthumb.php?src=http://www.ipbrief.net/wp-content/uploads/2012/01/Louis-Vuitton-Wikimedia-Commons-225x300.jpg&w=80&h=80&zc=1&q=100)
Louis Vuitton has sued Warner Brothers for trademark dilution over a counterfeit handbag in “The Hangover Part II”.
Velvet Underground sued the Andy Warhol Foundation over improper use of their iconic banana album cover
Arguably the most popular college football player of the past season, LSU’s Tyrann Mathieu, possesses a potent nickname to go along with his superstar image. Yet ardent fans are having a tough time trying to buy “Honey Badger” products after LSU’s Compliance Office clamped down on their proliferation.
Justin Bieber’s activism highlights the legislative difficulties of regulating in the Internet age and puts the Commercial Felony Streaming Act in the spotlight.
Despite growing momentum against PIPA and SOPA, and a big Internet blackout on Wednesday, January 18, 2012, the bills are not dead yet; now is the time to call your Congressmen.
Starbucks, after two previous lower court defeats and two successful appeals, has lost its last battle against the makers of Charbucks coffee.
Happy New Year! Consider celebrating by staging a seasonal reading of “The Dead” in Dublin, which you can now do for free! Yes, on January 1, 2012, all of James Joyce’s writings published during his …
Copyright »
The Internet Killed the Music Video Star
Justin Bieber’s activism highlights the legislative difficulties of regulating in the Internet age and puts the Commercial Felony Streaming Act in the spotlight.
Patents »
Kodak: An Example of What Not to do With Your Patents.
Kodak has been buying up patents for a technology that competes with its old film technology in order to keep its dying film market alive. However, its impending bankruptcy most likely means that only the patents it holds can save it.
Trademark »
Facebook & Timelines.com Prepare For Trial with Joint Status Report
In the march towards litigation, Facebook and Timelines.com have filed a joint status report setting dates for the stages of discovery. However, the companies have left open the possibility of settlement, and suggest it may be facilitated by having a conference with a magistrate judge.
Recent Posts
- Kodak: An Example of What Not to do With Your Patents.
- Facebook & Timelines.com Prepare For Trial with Joint Status Report
- Diddy Sued Over Empress Fragrance Name
- Ron Paul Sues YouTube Users for Endorsing Him at Jon Huntsman’s Expense
- “Careful! That is [Trademark Dilution]”: Louis Vuitton Sues Warner Brothers over “The Hangover Part II”
- Kodak: An Example of What Not to do With Your Patents. - http://t.co/LLtBDFEr by TJ Johnson
- Facebook & http://t.co/FgIu8TNL Prepare For Trial with Joint Status Report - http://t.co/q5y99Nld by Seth Dennis
- Diddy Sued Over Empress Fragrance Name - http://t.co/WT79Nsa4 by Sarah Zucco
- Ron Paul Sues YouTube Users for Endorsing Him at Jon Huntsman's Expense - http://t.co/SrFG6qKj by Jess Robinson
