Kodak 2010 Annual Report Download - page 17

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(Eastman Kodak Company v. Apple Inc.) claiming infringement of patents related to digital cameras and certain computer processes.
The Company is seeking unspecified damages and other relief. The case related to digital cameras has been stayed pending the
ITC action referenced above. On April 15, 2010, Apple Inc. filed a counterclaim against Kodak claiming infringement of patents
related to digital cameras and all-in-one printers. The Company intends to vigorously defend itself.
On April 15, 2010, Apple Inc. filed a complaint in the ITC against Kodak asserting infringement of patents related to digital cameras.
In the Matter of Certain Digital Imaging Devices and Related Software, Apple is seeking a limited exclusion order preventing
importation of infringing devices. A hearing on the merits before an Administrative Law Judge was concluded on February 2, 2011
and an initial determination is expected by May 18, 2011. On April 15, 2010 Apple also filed in Federal District Court in the Northern
District of California (Apple Inc. v. Eastman Kodak Company) a complaint asserting infringement of the same patents asserted in the
ITC. The Company intends to vigorously defend itself.
On August 26, 2010, Apple filed a claim in California State Court (Santa Clara) claiming ownership of the Kodak patent asserted by
Kodak against Apple in the ITC action referenced above. This action has been removed to Federal District Court in the Northern
District of California. The Court has subsequently stayed this action. The Company intends to vigorously defend itself.
The Company and its subsidiaries are involved in various lawsuits, claims, investigations and proceedings, including commercial,
customs, employment, environmental, and health and safety matters, which are being handled and defended in the ordinary course
of business. In addition, the Company is subject to various assertions, claims, proceedings and requests for indemnification
concerning intellectual property, including patent infringement suits involving technologies that are incorporated in a broad spectrum
of the Company’s products. These matters are in various stages of investigation and litigation, and are being vigorously defended.
Although the Company does not expect that the outcome in any of these matters, individually or collectively, will have a material
adverse effect on its financial condition or results of operations, litigation is inherently unpredictable. Therefore, judgments could be
rendered or settlements entered, that could adversely affect the Company’s operating results or cash flows in a particular period.
The Company routinely assesses all of its litigation and threatened litigation as to the probability of ultimately incurring a liability, and
records its best estimate of the ultimate loss in situations where it assesses the likelihood of loss as probable.
EXECUTIVE OFFICERS OF THE REGISTRANT
Pursuant to General Instructions G (3) of Form 10-K, the following list is included as an unnumbered item in Part I of this report in
lieu of being included in the Proxy Statement for the Annual Meeting of Shareholders.
Date First Elected
an
to
Executive
Present
Name
Age
Positions Held
Officer
Office
Robert L. Berman
53
Senior Vice President
2002
2005
Philip J. Faraci
55
President and Chief Operating Officer
2005
2007
Pradeep Jotwani
56
Senior Vice President
2010
2010
Brad W. Kruchten
50
Senior Vice President
2002
2009
Antoinette P. McCorvey
53
Chief Financial Officer and Senior Vice President
2007
2010
Gustavo Oviedo
58
Vice President
2007
2011
Antonio M. Perez
65
Chairman of the Board, Chief Executive Officer
2003
2005
Laura G. Quatela
53
General Counsel and Senior Vice President
2006
2011
Eric H. Samuels
43
Chief Accounting Officer and Corporate Controller
2009
2009
Terry R. Taber
56
Senior Vice President
2008
2010
Executive officers are elected annually in February.
All of the executive officers have been employed by Kodak in various executive and managerial positions for at least five years,
except Mr. Jotwani, who joined the Company on September 29, 2010.
On January 14, 2010 the Company filed two suits against Apple Inc. in the Federal District Court in the Western District of New York