"Apple's preferred course of action--to ask another court to decide the critical issue of what constitutes property of the estate and how that property is to be used to maximize value for creditors--should be rejected," Kodak said.
The company, which earlier consented to lift the automatic stay to allow patent litigation against Research In Motion to proceed in Texas, said that decision had no bearing on Apple's motion. The litigation against RIM is on the eve of trial, and RIM owes Kodak "hundreds of millions of dollars in damages" for infringement, and the decision was seen to be in the best interests of the estate, it said.
Kodak said its digital imaging patents, including the '218 patent, is property of the estate that has been valued at between $2.2 billion and $2.6 billion by a company interested in licensing the patents. A strategic bidder may place a higher value on the portfolio, it added.
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