A Fight for Survival

AuthorRonald K. Fierstein
ProfessionLawyer on the team of litigators from the prestigious patent law firm of Fish & Neave
Pages197-217
197
CHAPTER 10
A FIGHT FOR SURVIVAL
With the Berkey Photo lawsuit filed, and the campaign to defend its turf
begun, Polaroid had other news to feel good about as 1975 progressed.
Second-quarter earnings looked as if they were going to be almost dou-
ble what analysts had predicted.1 This meant that some rehiring would
be possible, reinstating about one-third of the employees who had been
laid off during the difficult economic days of 1974. By the end of the
year, Polaroid was finally able to announce the news that many had been
waiting for: in early 1976 it would introduce a non-folding instant cam-
era with a molded plastic body designed to use SX-70 film.2 The camera,
dubbed Pronto, had a suggested retail price of sixty-six dollars but was
widely discounted by retailers to forty-nine dollars, just a few dollars over
its wholesale cost.3 It was a much more affordable model than the original
SX-70, which bore a list price of $180.
Although Polaroid had released two somewhat lower-priced versions
of the SX-70 in 1974, neither was as economical as the Pronto, and so
neither had its potential to increase sales of instant film.4 As Time pointed
out: “Almost from the time George Eastman fathered the snapshot, the
biggest profits in the photography business have come from selling not
cameras but film.”5 Polaroid had been slow to take advantage of this tru-
ism, a fact not lost on analysts, some of whom “chided Polaroid for wast-
ing time in descending from the unnecessarily complex SX-70 original
to the simpler Pronto.”6 Now, at last, the company was finally poised to
release the mass-market camera for which many both inside and outside
Polaroid had long been clamoring.
Polaroid staged an “upbeat, lavish affair” on January 13, 1976, to
introduce Pronto.7 Never enthusiastic about the concept of a low-price
goL27698_10_ch10_197-218.indd 1979/17/14 11:42 AM
A Triumph of Genius
198
camera, Land was conspicuously absent from the champagne gala held at
New York’s Plaza Hotel. Instead, Bill McCune made his first high-profile
public appearance since ascending to the presidency the previous year.8 A
$4 million advertising campaign was announced featuring Alan Alda, star
of the then popular TV series M*A*S*H, and the actress Candace Ber-
gen. The campaign was planned to debut on Oscar night in a few weeks’
time.9 McCune was able to announce very favorable financial news about
the company to the 450 industry analysts and reporters who attended the
event. SX-70 film sales were up forty percent in 1975, a year that had
seen another one million cameras sold. Earnings for the first nine months
of 1975 would be reported at $1.15 per share, compared with fifty-eight
cents in 1974. Eventually, it turned out that Polaroid’s profits for 1975
would jump 166 percent from the previous year, aided by fourth-quarter
sales nearly triple the level achieved in the same quarter a year before.10
Despite this good news, the imminent threat of Kodak’s entry into
the instant photography field hovered like a dark storm forming over the
distant horizon. In October 1975, Walter Fallon had announced at a meet-
ing of industry analysts in Atlanta that Kodak’s program to develop and
market its own instant film and camera was “moving ahead on schedule
and [it was] encouraged by the prospects.”11 He had noted that a specific
target date had been selected for the introduction of the products, but he
declined to disclose it. And he had made it clear that unlike the Berkey
camera, Kodak’s cameras were not going to use Polaroid film. The two
systems were going to be completely incompatible. In January 1976, at
the same time that Polaroid was heralding its new camera model, reports
were circulating that a crew from the major advertising firm of J. Wal-
ter Thompson was already in California shooting commercials in great
secrecy for Kodak’s entry into instant photography.12
The concerns at Polaroid over what was coming through the Kodak
pipeline persisted given the lack of hard information available. The pos-
sibility remained that Kodak might surpass Polaroid’s technology, given
the massive research and development efforts that had been under way
for seven years, just a few months short of the time it had taken America
to land a man on the moon. Some analysts had already concluded that,
based on what they had seen and heard, Kodak’s “instant photo system
may well be technically superior to Polaroid’s.”13 The photography giant
had already made the claim that its film “would be [of] characteristic
Kodak quality.”14An analyst for L.F. Rothschild offered his “best guess”
goL27698_10_ch10_197-218.indd 1989/17/14 11:42 AM

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex