dec2220098-k_settlement.htm
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
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1-87
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16-0417150
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|
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(State
or Other Jurisdiction of Incorporation)
|
(Commission
File Number)
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(IRS
Employer Identification No.)
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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)
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|
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[ ] Soliciting
material pursuant to Rule 14a-12 under the Securities Act (17 CFR
240.14a-12)
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[ ] Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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[ ] 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
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
EASTMAN
KODAK COMPANY
INDEX
TO EXHIBITS
Exhibit
No.