Kodak 2011 Annual Report Download - page 20

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. This case has been stayed pending the ITC action appealed to the Federal Circuit
referenced above.
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 was removed to Federal District Court in the Northern District of California and subsequently
dismissed. Apple has amended its answer in the stayed Western District of New York case pertaining to digital cameras referenced above, to incorporate
its ownership claim.
On January 10, 2012 the Company filed a complaint with the ITC against Apple Inc. and HTC Corp., HTC America, Inc. and Exedea, Inc. (collectively
“HTC”) for infringement of patents related to digital imaging technology. In the Matter of Certain Electronic Devices For Capturing and Transmitting
Images, and Components Thereof, the Company is seeking a limited exclusion order preventing importation of infringing devices, including certain of
Apple’s iPhones, iPads and iPods and certain of HTC’s smartphones and tablets. The ITC has not yet instituted the investigation.
On January 10, 2012 the Company filed a lawsuit against Apple Inc. in the Federal District Court in the Western District of New York (Eastman Kodak
Company v. Apple Inc.) claiming infringement of patents related to digital imaging technology. The Company is seeking unspecified damages and other
relief.
On January 10, 2012 the Company filed a lawsuit against HTC in the Federal District Court in the Western District of New York (Eastman Kodak
Company v. HTC Corp., HTC America, Inc. and Exedea, Inc.) claiming infringement of patents related to digital imaging technology. The Company is
seeking unspecified damages and other relief.
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. Much of the pending litigation against the Debtors has been stayed as a result of the chapter 11 filing and
will be subject to resolution in accordance with the Bankruptcy Code and the orders of the Bankruptcy Court. 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.
ITEM 4. MINE SAFETY DISCLOSURES
None.
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