UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date of
report (Date of earliest event reported): December 22,
2009
Eastman
Kodak Company
(Exact
name of registrant as specified in its charter)
|
New
Jersey
|
1-87
|
16-0417150
|
|
(State
or Other Jurisdiction of Incorporation)
|
(Commission
File Number)
|
(IRS
Employer Identification No.)
|
343
State Street,
Rochester,
New York 14650
(Address
of Principal Executive Office) (Zip Code)
Registrant's
telephone number, including area code: (585)
724-4000
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
|
|
[ ] Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
|
|
[ ] Soliciting
material pursuant to Rule 14a-12 under the Securities Act (17 CFR
240.14a-12)
|
|
|
[ ] Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
|
|
|
[ ] Pre-commencement
communications pursuant to Rule 13e-4(c)under the Exchange Act (17 CFR
240.13e-4(c))
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ITEM
8.01 Other Events.
On
December 22, 2009, Eastman Kodak Company ("Kodak") and Samsung Electronics Co.,
Ltd. ("Samsung") agreed to negotiate a definitive agreement to settle Kodak’s
patent infringement proceeding against Samsung before the U.S. International
Trade Commission (the “ITC Proceeding”) and a technology cross license
agreement. Following the execution of definitive settlement and cross
license agreements, Kodak and Samsung will seek an ITC order terminating the ITC
proceeding. Such agreements will be subject to the issuance of a
termination order by the ITC. Samsung has also agreed to make a
non-refundable payment to Kodak in December 2009 creditable against its future
patent license royalty obligations to Kodak.
On
November 17, 2008, Kodak filed a complaint with the U.S. International Trade
Commission (“ITC”) against Samsung Electronics Co., Ltd., Samsung Electronics
America Inc., and Samsung Telecommunications America LLC for infringement of
patents related to digital camera technology. The hearing before the
ITC was concluded on October 16, 2009 and an Initial Decision was issued by the
Administrative Law Judge on December 17, 2009 finding Kodak’s asserted patents
valid and infringed. Kodak is seeking a limited exclusion order
preventing importation of infringing devices, including certain mobile
telephones and wireless communication devices featuring digital
cameras.
ITEM
9.01 Financial Statements and Exhibits.
(d) Exhibits
2
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
EASTMAN KODAK COMPANY
By: /s/ Laura G.
Quatela
Laura G. Quatela
Chief Intellectual Property
Officer
Date: December
23, 2009
3
EASTMAN
KODAK COMPANY
INDEX
TO EXHIBITS
Exhibit
No.
EASTMAN
KODAK COMPANY
Media
Contact:
Gerard Meuchner, Kodak, +1 585-724-4513, gerard.meuchner@kodak.com
Kodak,
Samsung Agree to Negotiate Patent Dispute Settlement
ROCHESTER,
N.Y., Dec. 23 – Eastman Kodak Company (NYSE: EK) announced today that it has
agreed to negotiate a settlement agreement and a technology cross license with
Samsung Electronics Co., Ltd.
As part
of this effort, Samsung has agreed to make a non-refundable payment to Kodak
this year that will be credited toward its future royalty obligations to Kodak.
The amount of that payment isn’t being disclosed.
Concurrently,
the companies are negotiating the terms of a settlement of Kodak’s patent
infringement claims against Samsung that were filed in November 2008 with the
U.S. International Trade Commission (ITC). The companies will jointly pursue the
dismissal of Kodak’s claims once a definitive settlement agreement and a cross
license have been executed.
All of
the above activity, with the exception of the non-refundable payment by Samsung,
is subject to the issuance of a termination order by the ITC.
An
Administrative Law Judge of the ITC issued an Initial Determination on Dec. 17
that found that the Kodak digital camera patents at issue in the case were valid
and that Samsung had infringed those patents. Kodak has been seeking a limited
exclusion order preventing Samsung’s importation of infringing devices,
including certain mobile telephones and wireless communication devices featuring
digital cameras.
“We are
pleased to continue negotiations in the wake of the ITC determination, and we
look forward to reaching a mutually beneficial arrangement that advances the
interests of Kodak and Samsung while validating the strength of Kodak’s
intellectual property portfolio,” said Laura G. Quatela, Chief Intellectual
Property Officer, and Vice President, Eastman Kodak Company.
The
original Kodak complaint with the ITC asserted that Samsung Electronics Co.,
Ltd., Samsung Electronics America Inc., and Samsung Telecommunications America
infringed on Kodak patents related to digital camera technology.
#
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2009