Monitor the amended scheduling order and upcoming Markman hearing. The PTO's final action on Kodak's '063 patent (rejection or allowance) will be a key catalyst — if the patent is cancelled, Kodak loses its only remaining counterclaim patent, weakening its defensive position. Settlement pressure may increase as trial approaches.
Price Chart
Executive Summary
Kodak's renewed motion to stay the patent infringement litigation with Fujifilm pending ex parte reexamination of its '063 patent was denied by the magistrate judge. Five of six patents have exited reexamination, and the court found Kodak failed to show prejudice to Fujifilm, simplification of issues, or that the stage of proceedings warranted a stay. The case will now proceed to discovery, Markman, and trial, increasing Kodak's litigation risk and potential exposure on its own and Fujifilm's patents.
Court Ruling Details
Key Facts
- Kodak's renewed motion to stay the entire case pending EPR of its '063 patent was DENIED.
- Five of six patents-in-suit (all four Fujifilm patents and Kodak's '614 patent) have survived EPR; only Kodak's '063 patent remains under PTO review with a rejection outstanding.
- The court found Kodak failed to show undue prejudice to Fujifilm, simplification of issues, or that the stage of proceedings favored a stay.
- Parties must submit a proposed amended scheduling order within 14 days, moving the case toward Markman and trial.
- The case has been pending since March 2024 and involves competing lithographic printing plate patents in a head-to-head market.
Financial Impact
No damages or financial exposure stated in the ruling. The denial of stay increases Kodak's litigation costs and risk of an adverse judgment on its own patents and Fujifilm's patents, but no dollar amount is quantified.
Risk Factors
- Kodak's '063 patent remains rejected by the PTO; if not overcome, Kodak loses its counterclaim patent entirely.
- Fujifilm's four patents survived EPR and remain asserted — Kodak faces potential infringement liability on those patents.
- Litigation costs will escalate with discovery and Markman proceedings now moving forward.
- Head-to-head competitive market increases the risk of an injunction if Fujifilm prevails.
Investment Themes
Documents Analyzed
This report is based on 1 court opinion.
| Document | Accession Number |
|---|---|
| COURT-RULING Data (Synthetic) | court-8636f573f6-KODK |
Track record builds as more directional reports settle.
Filters
| Type | Now | ||||
|---|---|---|---|---|---|
Sep 30, 2026 27d ago | Court Ruling | $9.85 $9.59 | ▲ +2.64% | ▲ +3.94% | $9.43 (+4.26%) |
Jul 9, 2026 15w ago | EFFECT | $8.22 $7.81 | ▼ −4.99% | ▼ −4.86% | $9.43 (+14.72%) |
Jun 25, 2026 17w ago | Institutional Cluster | $9.29 $9.30 | ▲ +0.11% | ▼ −1.45% | $9.43 (+1.51%) |
Jun 11, 2026 19w ago | Institutional Cluster | $9.68 $9.51 | ▼ −1.76% | ▼ −2.19% | $9.43 (−2.58%) |
May 7, 2026 24w ago | 8-K | $11.41 $9.48 | ▼ −16.91% | ▼ −18.38% | $9.43 (−17.35%) |
Apr 9, 2026 28w ago | DEFA14A | $12.28 $12.83 | ▲ +4.48% | ▲ +1.29% | $9.43 (−23.21%) |
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