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): June 30, 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 June 30, 2011, Eastman Kodak Company (Kodak) received notice that the U.S. International Trade Commission (ITC) has issued a determination in Kodak’s action against Apple Inc. (Apple) and Research In Motion Limited (RIM) affirming in part, reversing in part and remanding in part the initial determination issued by the presiding administrative law judge (ALJ) on January 24, 2011. Further information on the ITC’s determination is referenced in the press release attached to this document as Exhibit (99.1).
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 June 30, 2011, relating to the ITC’s ruling in Kodak’s Patent Infringement Action against Apple and Research In Motion.
|
2
SIGNATURE
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: July 1, 2011
EASTMAN KODAK COMPANY
INDEX TO EXHIBIT
Exhibit No.
|
(99.1)
|
Press release issued by Eastman Kodak Company on June 30, 2011, relating to the ITC’s ruling in Kodak’s Patent Infringement Action against Apple and Research In Motion.
|
3
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
Investor Relations Contacts:
Angela Nash, Kodak, +1 585-724-0982, angela.nash@kodak.com
Sandra Rowland, Kodak, +1 585-724-5147, sandra.rowland@kodak.com
ITC Commission Issues Favorable Ruling in Kodak Patent Case Against Apple and RIM
ROCHESTER, N.Y., June 30 -- Eastman Kodak Company (NYSE:EK) today announced that in response to the company’s request, the U.S. International Trade Commission (ITC) modified key findings of an ITC judge’s initial recommendation in Kodak’s patent infringement claim against Apple and Research In Motion (RIM). The Commission extended the target date for a final ruling until August 30.
In support of Kodak, the Commission modified the following key findings:
|
·
|
Kodak appealed the meaning of the patent term “at least three different colors.” The Commission agreed with Kodak that all of Apple and RIM's accused phones infringe this term.
|
|
·
|
Kodak appealed the meaning of the patent terms “motion processor” and “still processor.” The Commission revised the judge’s interpretations and instructed him to make a new recommendation based on the revision.
|
|
·
|
Kodak appealed the meaning of the patent term “initiating capture.” The Commission agreed with Kodak that RIM’s accused phones and certain Apple phones infringe this term. With respect to other Apple phones, the Commission instructed the judge to reconsider his recommendation.
|
|
·
|
Kodak appealed the judge's invalidity ruling. The Commission sent the issue back to the judge for reconsideration in view of the revised meaning of the patent terms.
|
|
·
|
The Commission affirmed other determinations favorable to Kodak, including the enforceability of the patent, and the existence of domestic industry.
|
“We are gratified that the Commission has decided to modify in our favor the judge’s initial recommendation,” said Laura G. Quatela, General Counsel, Chief Intellectual Property Officer and Senior Vice President, Eastman Kodak Company. “As we have said from the start, we remain extremely confident this case will ultimately conclude in Kodak’s favor.”
The patent at issue relates to a method invented by Kodak for previewing images. This particular patent was validated by the U.S. Patent and Trademark Office in December 2010. 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.
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 and additional infringement claims will be adjudicated. Kodak is proceeding with these actions, with the Texas case scheduled to begin on August 1, 2011.
#
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 www.kodak.com and follow our blogs and more at www.kodak.com/go/followus.
2011