Bankrupt Kodak has been upfront about its strategy to generate revenue from its robust patent portfolio through litigation. In the past year, Kodak has sued Apple, HTC, RIM, Samsung, and Fujifilm using various imaging recording and processing patents. Apple isn't taking this lying down and, as Bloomberg reported, Apple has asked a bankruptcy judge to allow it to sue Kodak over a patent infringement claim.

Apple contends Kodak is infringing on patents that cover technology used in printers, digital cameras and digital picture frames. Apple revealed in its US Bankruptcy Court request that it intends to file an infringement complaint with the ITC and a lawsuit in the US District Court. Apple argues that bankruptcy doesn't protect a company from a patent infringement lawsuit.

Kodak can ask the court to suspend the District Court case until the ITC makes a decision on the infringement, but Apple said it will go ahead with the case in the meantime.