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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): October 7, 2004
Eastman Kodak Company
(Exact name of registrant as specified in its charter)
New Jersey 1-87 16-0417150
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(State or Other Jurisdiction (Commission (IRS Employer
of Incorporation) File Number) Identification No.)
343 State Street,
Rochester, New York 14650
(Address of Principal Executive Office) (Zip Code)
Registrant's telephone number, including area code (585) 724-4000
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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)
[ ] Soliciting material pursuant to Rule 14a-12 under the Securities
Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c)under
the Exchange Act (17 CFR 240.13e-4(c))
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ITEM 1.01 Entry into a Material Definitive Agreement
On October 7, 2004, Eastman Kodak Company (Kodak) and Sun
Microsystems Inc. (Sun) reached a tentative agreement to
settle a lawsuit filed by Kodak for infringement of its Khoyi
patents regarding a software architecture on which Sun's Java
product is based. See press release dated October 7, 2004,
which is filed along with this document as Exhibit (99.1).
On October 12, 2004 a final settlement agreement was signed,
which is filed along with this document as Exhibit (10) Z.
Pursuant to the terms of the settlement agreement, Sun paid
Kodak $92 million in cash on October 12, 2004.
Kodak provided to Sun a non-exclusive license relating to
Kodak's Khoyi patents. In addition, Kodak licensed to Sun
certain Kodak patents for existing and future versions of
Sun's Java technology. The licensed Kodak patents are limited
to those Kodak patents now infringed by the current version of
Sun's Java technology.
Kodak also released Sun from any past infringement of Kodak's
Khoyi patents and from any past infringement of Kodak patents
by the Java technology.
The license and the release relative to Java technology extend
to Sun's licensees, customers, developers, suppliers,
manufacturers and distributors.
Sun released Kodak from all counterclaims that it had asserted
in the litigation.
The case was dismissed with prejudice.
ITEM 9.01 Financial Statements and Exhibits
(c) Exhibits
(10) Z. Eastman Kodak Company Settlement Agreement with Sun
Microsystems Inc.
(99.1) Eastman Kodak Company press release dated October 7,
2004 regarding the tentative agreement reached between
Eastman Kodak Company and Sun Microsystems Inc.
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SIGNATURE
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/ Richard G. Brown, Jr.
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Richard G. Brown, Jr.
Controller
Date: October 14, 2004
EASTMAN KODAK COMPANY
INDEX TO EXHIBITS
Exhibit No.
(10) Z. Eastman Kodak Company Settlement Agreement with Sun
Microsystems Inc.
(99.1) Eastman Kodak Company press release dated October 7,
2004.