Federal court rules key supplier must continue to provide inkjet ink for Kodak.
Eastman Kodak has recently received a favourable result in its lawsuit against Collins Ink Corp., who must keep providing the OEM with inkjet ink following a preliminary injunction set by the US District Court.
US District Court Judge David G. Larimer sided with Kodak’s argument that cites Collins failed to follow the terms set by the supplier contract that allowed termination of the agreement after 180 days’ notice.
“Anxiety, nervousness or ‘buyer’s remorse’ about the wisdom of the contract does not absolve one from complying with all the terms of the contract,” Larimer wrote. “If such an event (as Kodak’s insolvency) does come to pass, then Collins will have the same remedies as any other unsecured creditor of Kodak.”
Kodak sued Collins in October following the ink manufacturer and one of Kodak’s key suppliers attempted to end a 10-year-old supplier deal, arguing that Collins was attempting to steal customers and pressure its way to becoming the ink provider for Kodak’s Prosper printing press line.
However Collins argued that Kodak’s financial situation meant Collins could be left with millions of dollars of unpaid orders.
Collins attorney Athony G. Corvatta has stated the company will appeal the decision, and that Collins is giving immediate notice to Kodak of termination of the contract under the 180-day language.