- From LexisNexis® Mealey’s™ Daily Legal News.
A technology firm that claims that bankrupt Eastman Kodak Co. sold it 18 patents related to organic light-emitting diodes on Dec.
19 sued Kodak in the U.S. Bankruptcy Court for the Southern District of New York, seeking to establish itself as the rightful owner of the patents and seeking to recover royalty payments (Global OLED Technology LLC v. Eastman Kodak Company [In Re: Eastman Kodak Company], Adv. No. N/A, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
Kodak filed for Chapter 11 bankruptcy in the Bankruptcy Court on Jan. 19.
Global OLED Technology LLC (GOT) argues that Kodak sold it 18 patents in 2009 pertaining to Kodak’s organic light-emitting diode business.
The patents are numbers 5,652,930; 6,692,094; 6,717,560; 6,872,500; 6,892,014; 6,927,415; 6,999,138; 7,153,539; 7,153,620; 7,271,378; 7,362,336; 7,405,480; 7,564,067; 7,667,391; 7,697,053; 7,714,923; 7,772,757; 7,781,957.
GOT argues that royalty payments are being held in trust by Pioneer Electronic Corp. pursuant to a patent license agreement that was part of the original purchase agreement it contends governed the transaction with Kodak in 2009.
GOT seeks declaratory judgment and the creation of a constructive trust into which would be placed any Pioneer royalty payments Kodak has received or will receive in the future.
GOT is represented by Michael R. Carney of McKool Smith in New York and Basil A. Umari of the firm’s Houston office. GOT is also represented by Benjamin E. Fuller, IP counsel and deputy general counsel for Global OLED Technology in Herndon, Va.
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