Eastman Kodak Company et al v. Apple Inc. et al

Filing 1

MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 12-1720A, 12-B-10202 (ALG).Document filed by FlashPoint Technology, Inc.(bkar)

PEPPER HAMILTON LLP
Suite 1800
4000 Town Center
Southfield, Michigan 48075
Deborah Kovsky-Apap (DK 6147)
Telephone: [phone]
Facsimile: 313.731.1572
E-mail: [e-mail]
PEPPER HAMILTON LLP
19th Floor, High Street Tower
125 High Street
Boston, MA 02110-2736
William D. Belanger
Email: [e-mail]
Telephone: [phone]
Todd A. Feinsmith
Telephone: [phone]
Email: [e-mail]
Lana A. Gladstein
Telephone: [phone]
Email: [e-mail]
Counsel for FlashPoint Technology,
Inc.

COLE, SCHOTZ, MEISEL, FORMAN
& LEONARD, P.A.
Michael D. Warner, Esq. (Pro Hac Vice
Pending)
Warren A. Usatine, Esq.
900 Third Avenue, 16th Floor
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Co-Counsel for FlashPoint Technology, Inc.

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
In re:
EASTMAN KODAK COMPANY, et al.,
Debtors.

EASTMAN KODAK COMPANY,
Plaintiff,
v.
APPLE INC. and FLASHPOINT
TECHNOLOGIES, INC.,
Defendants.

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Chapter 11
Case No. 12-10202 (ALG)
Jointly Administered.

Adversary No. 12-01720 (ALG)

MOTION OF FLASHPOINT TECHNOLOGY INC. TO WITHDRAW THE
REFERENCE OF THE ABOVE-CAPTIONED ADVERSARY PROCEEDING1
1

A motion to withdraw the reference of this adversary proceeding has already been filed by Apple Inc. and
is pending at Case No. 12-cv-4881-GBD in the District Court for the Southern District of New York.

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On June 18, 2010, Eastman Kodak Company (“Kodak”) filed a complaint (the
“Complaint”) in the above-captioned adversary proceeding, seeking declaratory and injunctive
relief with respect to U.S. Patent Nos. 6,292,218; 5,493,335; 5,828,406; 6,147,703; 6,441,854;
6,879,342; 7,210,161; 7,453,605; 7,742,084; and 7,936,391 (the “Disputed Patents”).2 By the
Complaint, Kodak seeks a declaratory judgment finding that it – and not Apple Inc. (“Apple”) or
FlashPoint Technology Inc. (“Flashpoint”) – is the true owner of the Disputed Patents, as well as
an injunction prohibiting Apple or FlashPoint from asserting ownership rights in the Disputed
Patents. FlashPoint disputes the allegations made by Kodak in the Complaint and denies that
Kodak is entitled to the relief it seeks.
FlashPoint was formed as spinoff of Apple’s digital camera business. As part of
this spinoff, FlashPoint was assigned rights in Apple’s digital camera technology, including
certain patent rights. The rights assigned by Apple to FlashPoint include all rights in the
technology covered by the Disputed Patents. These patents are properly owned by FlashPoint.
I.

ARGUMENT
FlashPoint adopts and incorporates by reference the arguments made in Apple

Inc.’s Motion to Withdraw the Reference of the Above Captioned Adversary Proceeding [Docket
No. 2] (the “Apple Motion to Withdraw the Reference”). FlashPoint incorporates and adopts the
arguments made by Apple solely for the sake of economy and convenience. The adoption of
Apple’s arguments and support of the withdrawal of the reference does not constitute, and should
not be construed as, a concession or agreement in regard to Apple’s alleged ownership claim
with respect to the Disputed Patents, as to which FlashPoint expressly reserves all rights.
2

In addition to the Disputed Patents identified in Kodak’s Complaint, FlashPoint is the true owner of
certain other patents in which Kodak alleges an ownership interest. Hence, Flashpoint intends to address its
ownership claims in such patents by way of a counterclaim in its Answer to the Complaint.

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In further support of its motion, FlashPoint incorporates by reference the
averments made in its answer to the complaint in the above-captioned adversary proceeding,
filed contemporaneously herewith.
II.

RESERVATION OF RIGHTS
FlashPoint reserves all of its rights and nothing contained herein should be

construed as consent by FlashPoint to the adjudication of its rights to the Disputed Patents in the
Bankruptcy Court, assertion of proof of claim (either formal or informal), or as a waiver of
FlashPoint’s right to a jury trial on all issues so triable.
III.

CONCLUSION
For the foregoing reasons, FlashPoint respectfully requests that the Court

withdraw the reference with respect to the above-captioned adversary proceeding.

[remainder intentionally left blank]

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Dated: June 22, 2012

PEPPER HAMILTON LLP

/s/ Deborah Kovsky-Apap
Deborah Kovsky-Apap (DK6147)
Suite 1800
4000 Town Center
Southfield, Michigan 48075
Telephone: [phone]
Facsimile: 313.731.1572
E-mail: [e-mail]
and
William D. Belanger
Todd A. Feinsmith
Lana A. Gladstein
19th Floor, High Street Tower
125 High Street
Boston, MA 02110-2736
Email: [e-mail]
Telephone: [phone]
Email: [e-mail]
Telephone: [phone]
Email: [e-mail]
Telephone: [phone]
Counsel for FlashPoint Technology, Inc.
COLE, SCHOTZ, MEISEL, FORMAN
& LEONARD, P.A.
Michael D. Warner, Esq. (Pro Hac Vice
Pending)
Warren A. Usatine, Esq.
900 Third Avenue, 16th Floor
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Co-Counsel for FlashPoint Technology, Inc.

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