Kodak's Big Assault

• Author: Ronald K. Fierstein
• Profession: Lawyer on the team of litigators from the prestigious patent law firm of Fish & Neave
• Pages: 275-288

275

CHAPTER 15

KODAK’S BIG ASSAULT

Almost three years into it, perhaps the most astonishing thing about the

Polaroid v. Kodak case was that Edwin Land, the unquestioned father of

instant photography and the key figure in one of the most momentous

lawsuits of the century, was missing in action from the frontlines of the

battle. After publicly condemning Kodak’s conduct and asserting Pola-

roid’s obligation to defend its patent rights, the press heard nothing more

from Land. The media (and Polaroid’s executives and lawyers) could only

wonder, given his well-known penchant for privacy, his reclusive nature,

and lack of active involvement so far, to what extent, or in what frame of

mind, he would be willing to participate personally. Schwartz had never

before been involved in a litigation in which the primary inventor of the

technology at issue, and the CEO of the corporation that had arisen from

it, was not at the forefront of the action, and in the midst of every discus-

sion and decision that was made.1

In the far less significant Berkey Photo case, Kerr and Schwartz had

been forced to take on and ultimately defeat the first infringer of Pola-

roid’s instant photography technology without Polaroid’s iconic head. So

far, Land had been a no-show in the Kodak lawsuit as well. But as an

inventor of three of the asserted patents, eventually he would be expected

to be deposed and to give testimony in the trial. At this advanced juncture,

however, no one really knew if he would.

Finally, shortly after the 1979 New Year holiday, Land called for a

meeting in Cambridge with his legal team. Present were Bob Peck, as

head of the Polaroid patent department, and Bill Kerr.2 Also present

was Joan Clark, an attorney from the firm that was handling the parallel

infringement case against Kodak in the Canadian courts. At this meet-

ing, Land made it clear for the first time that he was willing and, in fact,

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