U.S. Bankruptcy Judge Allan Gropper said Kodak's ability to sell the assets would be "cut off" if "unreasonably late claims" by Apple aren't barred. The judge rejected inventorship and state law ownership claims by Apple to the two patents.
"If Apple's claims proceed despite their unreasonably delayed commencement, Kodak might have to go back to the drawing board for ways to fund its case," the judge wrote.
Gropper denied summary judgment on the other eight patents but said Kodak could renew the request based on "a more complete record."
Kodak is selling more than 1,000 patents at auction on August 8th. Apple has teamed up with Microsoft to bid against Samsung, Google and others for the portfolio.