Welcome!

Weblogic Authors: Yeshim Deniz, Elizabeth White, Michael Meiner, Michael Bushong, Avi Rosenthal

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.

    @ThingsExpo Stories
    With tough new regulations coming to Europe on data privacy in May 2018, Calligo will explain why in reality the effect is global and transforms how you consider critical data. EU GDPR fundamentally rewrites the rules for cloud, Big Data and IoT. In his session at 21st Cloud Expo, Adam Ryan, Vice President and General Manager EMEA at Calligo, examined the regulations and provided insight on how it affects technology, challenges the established rules and will usher in new levels of diligence arou...
    To get the most out of their data, successful companies are not focusing on queries and data lakes, they are actively integrating analytics into their operations with a data-first application development approach. Real-time adjustments to improve revenues, reduce costs, or mitigate risk rely on applications that minimize latency on a variety of data sources. In his session at @BigDataExpo, Jack Norris, Senior Vice President, Data and Applications at MapR Technologies, reviewed best practices t...
    Smart cities have the potential to change our lives at so many levels for citizens: less pollution, reduced parking obstacles, better health, education and more energy savings. Real-time data streaming and the Internet of Things (IoT) possess the power to turn this vision into a reality. However, most organizations today are building their data infrastructure to focus solely on addressing immediate business needs vs. a platform capable of quickly adapting emerging technologies to address future ...
    In his Opening Keynote at 21st Cloud Expo, John Considine, General Manager of IBM Cloud Infrastructure, led attendees through the exciting evolution of the cloud. He looked at this major disruption from the perspective of technology, business models, and what this means for enterprises of all sizes. John Considine is General Manager of Cloud Infrastructure Services at IBM. In that role he is responsible for leading IBM’s public cloud infrastructure including strategy, development, and offering m...
    "Evatronix provides design services to companies that need to integrate the IoT technology in their products but they don't necessarily have the expertise, knowledge and design team to do so," explained Adam Morawiec, VP of Business Development at Evatronix, in this SYS-CON.tv interview at @ThingsExpo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
    In his session at 21st Cloud Expo, Raju Shreewastava, founder of Big Data Trunk, provided a fun and simple way to introduce Machine Leaning to anyone and everyone. He solved a machine learning problem and demonstrated an easy way to be able to do machine learning without even coding. Raju Shreewastava is the founder of Big Data Trunk (www.BigDataTrunk.com), a Big Data Training and consulting firm with offices in the United States. He previously led the data warehouse/business intelligence and B...
    The 22nd International Cloud Expo | 1st DXWorld Expo has announced that its Call for Papers is open. Cloud Expo | DXWorld Expo, to be held June 5-7, 2018, at the Javits Center in New York, NY, brings together Cloud Computing, Digital Transformation, Big Data, Internet of Things, DevOps, Machine Learning and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding busin...
    Nordstrom is transforming the way that they do business and the cloud is the key to enabling speed and hyper personalized customer experiences. In his session at 21st Cloud Expo, Ken Schow, VP of Engineering at Nordstrom, discussed some of the key learnings and common pitfalls of large enterprises moving to the cloud. This includes strategies around choosing a cloud provider(s), architecture, and lessons learned. In addition, he covered some of the best practices for structured team migration an...
    Recently, REAN Cloud built a digital concierge for a North Carolina hospital that had observed that most patient call button questions were repetitive. In addition, the paper-based process used to measure patient health metrics was laborious, not in real-time and sometimes error-prone. In their session at 21st Cloud Expo, Sean Finnerty, Executive Director, Practice Lead, Health Care & Life Science at REAN Cloud, and Dr. S.P.T. Krishnan, Principal Architect at REAN Cloud, discussed how they built...
    No hype cycles or predictions of a gazillion things here. IoT is here. You get it. You know your business and have great ideas for a business transformation strategy. What comes next? Time to make it happen. In his session at @ThingsExpo, Jay Mason, an Associate Partner of Analytics, IoT & Cybersecurity at M&S Consulting, presented a step-by-step plan to develop your technology implementation strategy. He also discussed the evaluation of communication standards and IoT messaging protocols, data...
    22nd International Cloud Expo, taking place June 5-7, 2018, at the Javits Center in New York City, NY, and co-located with the 1st DXWorld Expo will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud ...
    22nd International Cloud Expo, taking place June 5-7, 2018, at the Javits Center in New York City, NY, and co-located with the 1st DXWorld Expo will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud ...
    DevOps at Cloud Expo – being held June 5-7, 2018, at the Javits Center in New York, NY – announces that its Call for Papers is open. Born out of proven success in agile development, cloud computing, and process automation, DevOps is a macro trend you cannot afford to miss. From showcase success stories from early adopters and web-scale businesses, DevOps is expanding to organizations of all sizes, including the world's largest enterprises – and delivering real results. Among the proven benefits,...
    @DevOpsSummit at Cloud Expo, taking place June 5-7, 2018, at the Javits Center in New York City, NY, is co-located with 22nd Cloud Expo | 1st DXWorld Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait...
    Cloud Expo | DXWorld Expo have announced the conference tracks for Cloud Expo 2018. Cloud Expo will be held June 5-7, 2018, at the Javits Center in New York City, and November 6-8, 2018, at the Santa Clara Convention Center, Santa Clara, CA. Digital Transformation (DX) is a major focus with the introduction of DX Expo within the program. Successful transformation requires a laser focus on being data-driven and on using all the tools available that enable transformation if they plan to survive ov...
    SYS-CON Events announced today that T-Mobile exhibited at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. As America's Un-carrier, T-Mobile US, Inc., is redefining the way consumers and businesses buy wireless services through leading product and service innovation. The Company's advanced nationwide 4G LTE network delivers outstanding wireless experiences to 67.4 million customers who are unwilling to compromise on qua...
    SYS-CON Events announced today that Cedexis will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 - Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Cedexis is the leader in data-driven enterprise global traffic management. Whether optimizing traffic through datacenters, clouds, CDNs, or any combination, Cedexis solutions drive quality and cost-effectiveness. For more information, please visit https://www.cedexis.com.
    SYS-CON Events announced today that Google Cloud has been named “Keynote Sponsor” of SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Companies come to Google Cloud to transform their businesses. Google Cloud’s comprehensive portfolio – from infrastructure to apps to devices – helps enterprises innovate faster, scale smarter, stay secure, and do more with data than ever before.
    SYS-CON Events announced today that Vivint to exhibit at SYS-CON's 21st Cloud Expo, which will take place on October 31 through November 2nd 2017 at the Santa Clara Convention Center in Santa Clara, California. As a leading smart home technology provider, Vivint offers home security, energy management, home automation, local cloud storage, and high-speed Internet solutions to more than one million customers throughout the United States and Canada. The end result is a smart home solution that sav...
    SYS-CON Events announced today that Opsani will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Opsani is the leading provider of deployment automation systems for running and scaling traditional enterprise applications on container infrastructure.