News that Kodak now hopes to fast-track its patent sell-off is super-significant for the future of one of the industry's major suppliers. Realising maximum value for the 1,100 patents under the hammer is vital for Kodak to be able to execute its transformation plans and successfully emerge from the Chapter 11 process. If the requisite amount of dollars doesn't roll in via the auction process, things will be much, much trickier for the company. The patent sale is complicated by the fact that a companyone might reasonably view as a potential purchaser, Apple, is also embroiled in a lengthy legal battle with Kodak over the validity and ownership of 10 key patents among those being sold off. Kodak believes Apple owes it some $1bn in licensing fees, Apple thinks differently. Apple could of course buy all 1,100 patents out of petty cash if it so chose, but it chooses not to. Instead, it's playing hard ball. In the 1990s the two companies worked together on digital camera development and Apple claims Kodak took the know-how it gleaned from Apple, and then patented it. Can imagine the sort of Steve Jobs rant that would have ensued. The patents in question must be some of the most valuable in the batch, but other potential purchasers will surely be wary of buying something with an Apple-sized caveat attached. And although the sell-off has the whiff of a fire sale about it, Kodak doesn't have to accept the 'winning' bid if it feels the price isn't suitably commensurate with the patents' value. Though that course of action wouldn't help it resolve its financial predicament. All-in-all a crucial couple of months ahead. The one certain thing is that the next batch of Kodak lawyers' bills will be ENORMOUS.
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