Welcome!

@CloudExpo Authors: Zakia Bouachraoui, Elizabeth White, Yeshim Deniz, Liz McMillan, Pat Romanski

Related Topics: Java IoT, Microservices Expo, IBM Cloud, Weblogic

Java IoT: Article

Breaking News: $92 Million Settlement in Kodak-Sun Java Patents Case

For the $92 million Sun receives a license from Kodak and can declare 'business as usual' in Javaland

Related Links:
  • Java Costs Sun $92 Million
  • Java Patents: "Software and Patents
  • Kodak Wins vs Sun

    The trial in the U.S. District Court for the Western District of New York in Rochester involving Eastman Kodak Co and Sun Microsystems will no longer be entering its penalty phase, as it was otherwise expected it would today. The parties agreed instead this morning to an out-of-court settlement, under which Sun has agreed to pay Kodak $92 million for a license with respect to the three US patents Java has been found to breach..

    Accordingly, Judge Michael Telesca has signed an order formally dismissing the case - "with prejudice."

    It was just last Friday that a federal jury ruled in favor of Kodak in its dispute over Java, in which it alleged that the middleware mechanisms provided by Sun Microsystems' world-beating language in fact infringe patents Kodak acquired from Wang Laboratories Inc. in 1997.

    At the time of the jury verdict, a spokesman for Kodak said: "Kodak has and continues to make substantial technology investments to ensure high-quality products. We are pleased that the court has validated Kodak's intellectual property rights protecting these valuable innovations."

    Now, despite having argued throughout the 3-week trial that Java did not infringe on the Kodak patents and that, even if it did, the patents were invalid, Sun has evidently decided that a speedy settlement is imore aligned with its - and Java's - interests than further days in court. For the $92 million Sun receives a license and can declare 'business as usual' in Javaland.

    In pre-trial documents Eastman Kodak Co lawyers had indicated that in the penalty phase the company would be asking for $1.06 billion in lump-sum royalties - a figure that represents half of Sun's operating profit from the sales of computer servers and storage equipment between January 1998 and June 2001. So $92 million is quite a bargain, many will doubtless argue.

    By dismissing the case "with prejudice," Judge Telesca is indicating that the door is closed to Eastman Kodak Co. filing suit elsewhere in this matter. To do so would risk its infringement claim being dismissed completely. In the court docket Telesca also stated that the US District Court would be making sure that the terms of the agreement were properly implemented.

    The cash settlement brings to an end a high-profile situation which has caused an outcry about the possible inadvisability of computer software being subject to US patent law, on the basis that perhaps copyright and trademarks are enough.

  • Graphic: Richard Silverberg ([email protected]) SYS-CON Media

    Sun's president and COO, Jonathan I. Schwartz, who is on record recently as saying that he believes passionately in patents, told the Associated Press this afternoon: "We are eager to put this punitive litigation behind us."

    Sun appears ultimately to share Schwartz's passion, then, and has today shown itself to be willing to invest $92 million of its substantial cash war chest in proving it.


    Related Links:

  • Java Costs Sun $92 Million, Ending "Punitive Litigation"
  • Java Patents: "Software and Patents Don't Belong Together"
  • Kodak Wins vs Sun: Java Infringes Kodak Patents
  • More Stories By Java News Desk

    JDJ News Desk monitors the world of Java to present IT professionals with updates on technology advances, business trends, new products and standards in the Java and i-technology space.

    Comments (4) View Comments

    Share your thoughts on this story.

    Add your comment
    You must be signed in to add a comment. Sign-in | Register

    In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


    Most Recent Comments
    amn0n 10/08/04 01:19:24 AM EDT

    Even if Kodak had gained nothing on this stunt, their mere wielding of the software patent weapon in public constitutes a threat to the economic safety of almost anyone. It would be like the arsonist getting away with it just because he was unable to "sell" any insurances, and later failed to demonstrate the need for one. Is blackmailing ok just because the victim doesn't get to pay exactly the amount asked for initially?

    Dallas Chamber 10/07/04 07:08:50 PM EDT

    It's all happening for Sun, huh. Scott McNealy said only yesterday in Dallas: "People have been calling us irrelevant, dead, a zombie, a takeover target, not worth taking over. We've been insulted about every way you can imagine. All of sudden, we are relevant, we're growing, making money, gaining share."

    MapQuest 10/07/04 07:05:41 PM EDT

    peeyushc I don't want to disillusion you but IBM is headquartered in Armonk not Rochester. The NY bit is right tho ;-)

    peeyushc 10/07/04 07:03:33 PM EDT

    This should put a stop to IBM asking Sun to release Java...incidentally, Eastman Kodak Co and IBM are both from Rochester NY.

    CloudEXPO Stories
    Dynatrace is an application performance management software company with products for the information technology departments and digital business owners of medium and large businesses. Building the Future of Monitoring with Artificial Intelligence. Today we can collect lots and lots of performance data. We build beautiful dashboards and even have fancy query languages to access and transform the data. Still performance data is a secret language only a couple of people understand. The more business becomes digital the more stakeholders are interested in this data including how it relates to business. Some of these people have never used a monitoring tool before. They have a question on their mind like "How is my application doing" but no idea how to get a proper answer.
    Having been in the web hosting industry since 2002, dhosting has gained a great deal of experience while working on a wide range of projects. This experience has enabled the company to develop our amazing new product, which they are now excited to present! Among dHosting's greatest achievements, they can include the development of their own hosting panel, the building of their fully redundant server system, and the creation of dhHosting's unique product, Dynamic Edge.
    Your job is mostly boring. Many of the IT operations tasks you perform on a day-to-day basis are repetitive and dull. Utilizing automation can improve your work life, automating away the drudgery and embracing the passion for technology that got you started in the first place. In this presentation, I'll talk about what automation is, and how to approach implementing it in the context of IT Operations. Ned will discuss keys to success in the long term and include practical real-world examples. Get started on automating your way to a brighter future!
    The challenges of aggregating data from consumer-oriented devices, such as wearable technologies and smart thermostats, are fairly well-understood. However, there are a new set of challenges for IoT devices that generate megabytes or gigabytes of data per second. Certainly, the infrastructure will have to change, as those volumes of data will likely overwhelm the available bandwidth for aggregating the data into a central repository. Ochandarena discusses a whole new way to think about your next-gen applications and how to address the challenges of building applications that harness all data types and sources.
    Lori MacVittie is a subject matter expert on emerging technology responsible for outbound evangelism across F5's entire product suite. MacVittie has extensive development and technical architecture experience in both high-tech and enterprise organizations, in addition to network and systems administration expertise. Prior to joining F5, MacVittie was an award-winning technology editor at Network Computing Magazine where she evaluated and tested application-focused technologies including app security and encryption-related solutions. She holds a B.S. in Information and Computing Science from the University of Wisconsin at Green Bay, and an M.S. in Computer Science from Nova Southeastern University, and is an O'Reilly author.