LAS VEGAS—If you thought we might get a break from patent lawsuits in 2012, think again. As the tech world is converging on Las Vegas for the Consumer Electronics Show (CES), Kodak on Tuesday filed suit against HTC and Apple over patents related to digital imaging technology.
Kodak filed suit with the U.S. International Trade Commission (ITC) and in a New York district court. The company claims that the Apple iPhone, iPad, and iPod, as well as HTC smartphones and tablets, infringe on Kodak patents for transmitting images. HTC also infringes on a patent related to image previews, something for which Kodak has already sued Apple.
In the ITC case, Kodak is asking the commission to stop the importation of Apple and HTC wireless devices that contain digital cameras. In the district court cases, Kodak wants the judge to stop the two companies from infringing on its content and to award damages.
Laura G. Quatela, president and CEO of Eastman Kodak Company, said Kodak has had "numerous discussions" with HTC and Apple on the matter, but has "not been able to reach a satisfactory agreement."
"Our primary interest is not to disrupt the availability of any product but to obtain fair compensation for the unauthorized use of our technology," Quatela said in a statement. "There's a basic issue of fairness that needs to be addressed. The failure of companies to appropriately compensate Kodak for the unauthorized use of our patented technology impedes our ability to continue to innovate and introduce new products."
"It would be premature to comment until we have had a chance to review the complaint," an HTC spokeswoman said via email. Apple did not immediately respond to a request for comment.
Specifically, the four patents in question cover: automatically transmitting images from an electronic camera provider using a network configuration file; network configuration file for automatically transmitting images from an electronic still camera; capturing digital images to be transferred to an email address; and digital camera with communications interface for selectively transmitting images over a cellular phone network and a wireless LAN network to a destination.
Kodak said it has secured licenses for digital imaging technology with more than 30 companies, including LG, Motorola, Samsung, and Nokia.
"We remain open to negotiating a fair and amicable agreement with these companies, which has always been our preference and our practice with other licensees," said Timothy M. Lynch, Kodak's chief intellectual property officer.
The HTC case mentions the HTC EVO View 4G, Flyer, Jetstream, Vivid, Amaze 4G, Desire, Evo Design 4G, Hero S, Rezound, Rhyme, Sensation 4G, and the Wildfire S, patent blogger Florian Mueller said in a post.
"Kodak has been trying for some time to find a strategic buyer for its digital imaging patents," Mueller wrote. "Today's lawsuits are presumably part of the sales and marketing effort for those patents: Kodak seeks to demonstrate that there are still some interesting assets in its portfolio that can be used to sue major wireless device makers.
Kodak first sued Apple in January 2010 over the image previewing patent; Research in Motion was also named in that suit. That case is ongoing.
Apple fired back in April, asking the ITC to investigate whether Kodak had violated patents relating to digital still and video cameras with its Kodak Z, Kodak M, and Kodak C series of cameras. By May 2011, however, the ITC determined that Kodak did not violate Apple's patents. Apple appealed, asking the commission to review one of the two patents involved in the case, but in July, the ITC ruled in Kodak's favor.