Bangalore: Eastman Kodak, putting the Chapter 11 bankruptcy filing on hold, announced on Tuesday, January 9, that it filed infringement cases against Apple as well as Taiwan-based Smartphone Company HTC, since the Smartphone manufacturing companies had used a number of its licensed patents related to camera technology.

Kodak, as reported by PC Mag, has asked the US International Trade Commission to stop the import of Apple and HTC wireless devices containing digital cameras which infringe on its patents, as well as to reimburse the company for damage. Laura G. Quatela, President and Chief Operating Officer, Eastman Kodak Company said “There’s a basic issue of fairness that needs to be addressed. The failure of companies to appropriately compensate Kodak for the unauthorized use of our patented technology impedes our ability to continue to innovate and introduce new products. We’ve had numerous discussions with both companies in an attempt to resolve this issue, and we have not been able to reach a satisfactory agreement.”

Kodak had already filed a case against Apple in 2010, and included RIM in the allegation, stating that a patent related to image previewing had been used by the companies’ devices. The ITC has not yet provided ruling on that case, but Apple retaliated by filing another case that year the judge to check if Kodak’s digital cameras had used its own patents, and the ITC ruled in favor of Kodak.

Other leaders in the Smartphone industries, such as LG and Samsung, currently pay royalties to Kodak which licensed digital imaging technology patents to them.

The move to fight Apple and HTC for patents could make or break Kodak, since it gives its patents credibility. The 131 year old firm, which is tethering on bankruptcy, could use this opportunity as a marketing strategy, said Florian Mueller from Foss’ Patents.  Moreover, Ars Technica noted that if the digital imaging veteran firm won the case, it could also win monetarily.

On the flip-side, though, Mueller expects the two smartphone companies, (which are incidentally caught up in patent wars of their own), to work together and fight Kodak off.