1 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): December 27, 2006 Eastman Kodak Company (Exact name of registrant as specified in its charter) New Jersey 1-87 16-0417150 - ---------------------------------------------------------------------- (State or Other Jurisdiction (Commission (IRS Employer of Incorporation) File Number) 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))
2 ITEM 8.01 Other Events On December 29, 2006, Eastman Kodak Company ("Kodak") and Sony Corporation, Sony Corporation of America and Sony Electronics, Inc. (referred to collectively as "Sony") entered into an agreement settling their patent infringement lawsuits against each other. In 2004, Kodak commenced a patent infringement action against Sony in the United States District Court for the Western District of New York. Sony then filed two separate infringement actions against Kodak in the United States District Court for the District of New Jersey, one of which was consolidated with Kodak's suit in the Western District of New York. Each party asserted certain of its imaging technology patents against the other. No monetary consideration was paid under the settlement agreement. Pursuant to the settlement, Kodak and Sony agreed to dismiss their respective infringement claims. In a separate settlement agreement, entered into on December 27, 2006, Kodak agreed to dismiss its patent infringement claims against Sony Ericsson Mobile Communications AB and Sony Ericsson Mobile Communications (USA) Inc. (referred to collectively as "Sony Ericsson") which were also named as defendants in Kodak's suit against Sony in the U.S. District Court for the Western District of New York. No monetary consideration was paid under the settlement agreement. Separately, Kodak has entered into technology cross license agreements with Sony and Sony Ericsson which are described in the press release attached to this document as Exhibit (99.1). ITEM 9.01 Financial Statements and Exhibits (c) Exhibits (99.1) Press release issued by Eastman Kodak Company on January 3, 2007 relating to the entry into technology cross license agreements with Sony and Sony Ericsson.
3 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/ Joyce P. Haag ----------------------------- Joyce P. Haag Senior Vice President and General Counsel Date: January 3, 2007 EASTMAN KODAK COMPANY INDEX TO EXHIBIT Exhibit No. (99.1) Press release issued by Eastman Kodak Company on January 3, 2007 relating to the entry into technology cross license agreements with Sony and Sony Ericsson.
Exhibit (99.l) EASTMAN KODAK COMPANY Media Contact: David Lanzillo, 585-781-5481, david.lanzillo@Kodak.com Kodak and Sony, Sony Ericsson Enter Into Technology Cross- License Agreements ROCHESTER, N.Y., Jan. 3 -- Eastman Kodak Company (NYSE:EK) today announced that it has entered into a technology cross- license agreement with Sony Corporation that will allow each company broad access to the other's patent portfolio. Kodak also announced that it has entered into a technology cross license with Sony Ericsson Mobile Communications AB that will allow Sony Ericsson access to Kodak technology for Sony Ericsson's products. Kodak will also have access to Sony Ericsson's technology. The license agreements are royalty bearing to Kodak. Additional financial terms were not disclosed. "We are pleased to have reached a mutually beneficial arrangement that advances the interests of the three companies," said Laura G. Quatela, Managing Director, Intellectual Property Transactions, and Vice President, Eastman Kodak Company. "These cross-license agreements give us broad access to the technology of Sony and Sony Ericsson, and validate the strength of Kodak's intellectual property portfolio." Separately, the companies agreed to conclude their patent litigation, which involved a subset of their imaging technologies. About Eastman Kodak Company Kodak is the world's foremost imaging innovator, providing leading products and services to the photographic, graphic communications and healthcare markets. With sales of $14.3 billion in 2005, the company is committed to a digitally oriented growth strategy focused on helping people better use meaningful images and information in their life and work. Consumers use Kodak's system of digital and traditional image capture products and services to take, print and share their pictures anytime, anywhere; Businesses effectively communicate with customers worldwide using Kodak solutions for prepress, conventional and digital printing and document imaging; Creative Professionals rely on Kodak technology to uniquely tell their story through moving or still images; and leading Healthcare organizations rely on Kodak's innovative products, services and customized workflow solutions to help improve patient care and maximize efficiency and information sharing within and across their enterprise. More information about Kodak (NYSE: EK) is available at www.kodak.com. ###