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September 26, 2011

A Kodak Moment

Spread Spectrum Screening (S3) sued Eastman Kodak and a few of its customers for infringing 5,689,623. Judge Robert W. Gettleman of Northern Illinois severed the claims against Kodak from its customers, stayed the customer action, and transferred the Kodak case to the Western District of New York, Kodak's home turf. S3 appealed the stay. The CAFC wouldn't touch it - "because this appeal is not from a final judgment within the meaning of 28 U.S.C. § 1295(a)(1), and does not otherwise qualify as an appealable order." (CAFC 2011-1019; precedential) S3's arguments were waved off as misreading case law and otherwise meritless. Yet another case of blatant pro-corporate bias by all courts concerned.

Posted by Patent Hawk at September 26, 2011 10:33 AM | Case Law