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Judge: Apple snoozed on claiming Kodak patents

Apple's claims on two Kodak patents were denied because it took too long and could delay Kodak's bankruptcy case, ruling says.

Donna Tam Staff Writer / News
Donna Tam covers Amazon and other fun stuff for CNET News. She is a San Francisco native who enjoys feasting, merrymaking, checking her Gmail and reading her Kindle.
Donna Tam

A U.S. bankruptcy judge has denied Apple's claim on two Kodak patents, saying the company waited too long to make ownership claims, Bloomberg reported.

Judge Allan Gropper's ruling called Apple's claims "unreasonably delayed," and said trying to figure out the ownership claims now could set Kodak back in its bankruptcy case.

The ruling settles two of the 10 claims Apple had on Kodak's patents. Gropper also denied a summary judgement request from Kodak for the other eight claims.

Kodak, which filed for bankruptcy protection in January, is attempting to auction 1,100 patents key to the operation of cameras, phones, and other devices, which could have ramifications on any phone with a camera. The company has said the portfolio has generated more than $3 billion in licensing revenues since 2001.

Kodaksued Apple in June after Apple and spin-off FlashPoint Technology claimed ownership of 10 patents in the portfolio by way of a project Apple and Kodak worked on during the '90s.

Apple fears the patents may be sold before the ownership is determined in the courts. Initial bids on the patents are due this week.