Kodak, Shutterfly Seek Patent Infringement Suits Against Each Other


Eastman Kodak (NYSE:EK) has filed a suit against online photo sharing service Shutterfly (NASDAQ:SFLY) for allegedly infringing on one or more of its US patents, leading Shutterfly to retaliate in a lawsuit of its own.

In a regulatory filing, Shutterfly said it received notice last Friday of Kodak’s patent infringement complaint, which it filed against the company in a United States District Court.

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The suit alleges Shutterfly violated the patents by “using the patented inventions and/or by making, selling and/or offering to sell image products and services through its website, Shutterfly.com.”

Rochester, NY-based Kodak is reportedly seeking an injunction, damages, as well as treble damages and costs, including attorney’s fees and expenses.

Shutterfly said it has "meritorious defenses to this action and intends to defend this matter vigorously," and in the SEC filing Wednesday, said it filed its own patent infringement complaint against Eastman Kodak and Kodak Imaging Network.

The Redwood City, Calif-based company, which filed the complaint on Monday with a US District Court in Northern California, alleges Kodak infringes on one of its US patents by making, using, offering for sale, selling in the US and/or importing into the US the Kodak Gallery Software, which rivals with Shutterfly’s service.

Both services enable customers to upload photos online, order prints, and create a variety of products with their pictures, from calendars and photo books, to mugs and cards.

Like Kodak, Shutterfly is seeking an injunction, damages and trebly damages and costs.

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