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Eastman Kodak announces sale of patents to consorium organized by IV, RPX

Eastman Kodak Company (EKDKQ) has completed a series of agreements that successfully monetizes its digital imaging patents. The proposed transaction, which achieves one of Kodak’s key restructuring objectives, follows other recent major accomplishments that include an agreement for interim and exit financing for the company’s emergence from its Chapter 11 restructuring, and resolution of U.S. retiree non-pension benefits liabilities. Kodak’s monetization of IP assets further builds on its momentum toward a successful emergence in the first half of 2013. Under the agreements, Kodak will receive approximately $525M, a portion of which will be paid by 12 intellectual property licensees organized by Intellectual Ventures and RPX Corporation (RPXC), with each licensee receiving rights with respect to the digital imaging patent portfolio and certain other Kodak patents. Another portion will be paid by Intellectual Ventures, which is acquiring the digital imaging patent portfolio subject to these new licenses, as well as previously existing licenses. The transaction also includes an agreement to settle current patent-related litigation between the participants and Kodak, which avoids additional litigation costs and helps to ensure that management and the company’s resources focus on enhancing the operations of its core future businesses. The proposed transaction is subject to the approval of the Bankruptcy Court and the satisfaction of certain customary conditions.