alg Doc 9 Filed 01/25/13 Entered 01/25/13 15:58:18 Main Document Pg 1 of 11

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1 Pg 1 of 11 MORRISON & FOERSTER LLP 1290 Avenue of the Americas New York, New York Telephone (212) Facsimile (212) Norman S. Rosenbaum Kristin A. Hiensch 425 Market Street San Francisco, California Telephone (415) Facsimile (415) G. Larry Engel (Pro hac vice) Vincent J. Novak (Pro hac vice) High Bluff Drive San Diego, California Telephone (858) Facsimile (858) David C. Doyle (Pro hac vice) M. Andrew Woodmansee (Pro hac vice) William V. O Connor (Pro hac vice) Attorneys for Kyocera Corporation UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK x In re Chapter 11 EASTMAN KODAK COMPANY, et al., Case No (ALG) Debtors. (Jointly Administered) x KYOCERA CORPORATION, Adversary No (ALG) Plaintiff v. EASTMAN KODAK COMPANY, Defendant x DECLARATION OF M. ANDREW WOODMANSEE IN SUPPORT OF THE OPPOSITION OF KYOCERA CORPORATION TO EASTMAN KODAK COMPANY'S MOTION AND MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR ENTRY OF AN ORDER (I) ENFORCING THE AUTOMATIC STAY AND DISMISSING IN PART KYOCERA CORPORATION S ADVERSARY COMPLAINT AS VOID AB INITIO, AND (II) EXTENDING THE STAY TO THE REMAINING CLAIMS sd

2 Pg 2 of 11 I, M. Andrew Woodmansee, hereby declare 1. I am a partner in the firm of Morrison & Foerster LLP, attorneys for Defendant Kyocera Corporation ( Kyocera ). I make this Declaration in support of the Opposition of Kyocera Corporation to Eastman Kodak Company s Motion and Memorandum of Law in Support of its Motion for Entry of an Order (I) Enforcing the Automatic Stay and Dismissing in Part Kyocera Corporation s Adversary Complaint as Void Ab Initio, and (II) Extending the Stay to the Remaining Claims. The facts in this declaration are based on my personal knowledge. 2. On January 25, 2013, I visited the website 3. Attached as Exhibit 1 is a true and correct copy of the page for Kodak s consumer All-in One Printers currently being offered for sale visited on January 25, 2013 and located on Kodak s website at http// ers.pdf. 4. Attached as Exhibit 2 is a true and correct copy of the page for Kodak s Adaptive Picture Exchange (APEX) 110 visited on January 25, 2013 and located on Kodak s website at http// f. Exhibit 2 displays the Kodak DL2100 Duplex Printer as one of the printers used in Kodak s APEX 110 enterprise solution. 5. Attached as Exhibit 3 is a true and correct copy of the page for Kodak s Picture Kiosk G4XL visited on January 25, 2013 and located on Kodak s website at http// Exhibit 3 displays the Kodak DL2100 Duplex Printer as one of the printers used in Kodak s Picture Kiosk G4XL enterprise solution. sd

3 Pg 3 of 11 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this declaration was executed in San Diego, California on January 25, By /s/ M. Andrew Woodmansee _ M. Andrew Woodmansee sd

4 Pg 4 of 11 Exhibit 1

5 KODAK Printer Pg Feature 5 of 11 Comparison 4.2 Features $79 $99 $129 $129 $149 Print, Copy, Scan Fax Smart Sensor Technology Color Display in 2.4 in 2.4 in 4.3 in LCD Touch Screen Panel Auto 2-sided Printing Ink Cartridge Compatibility Paper Capacity Dedicated Photo Tray 40 Sheets Auto Duplex Feeder 25 Sheets 30 Sheets Paper Capacity 100 Sheets 100 Sheets 100 Sheets 100 Sheets 100 Sheets Print Speed Black & White 6.0 ipm 8 ipm 8 ipm 8.5 ipm 8.5 ipm Color 4.0 ipm 5.5 ipm 6.0 ipm 5.8 ipm 5.5 ipm Photo 38 secs 38 secs 34 secs 38 secs 28 secs Print Resolution Photo 9600 DPI 9600 DPI 9600 DPI 4800 DPI 9600 DPI Text 1200 DPI 1200 DPI 1200 DPI 1200 DPI 1200 DPI Scan Resolution Optical 1200 DPI 1200 DPI 1200 DPI 1200 DPI 2400 DPI 24-bit Digital 9600 DPI 9600 DPI 9600 DPI 9600 DPI 9600 DPI Perfect Page technology OCR (Scan & edit documents) Mobile Printing Wireless Printing GOOGLE Cloud Print Ready KODAK Print Service LOWEST AVERAGE COST PER PAGE 1 1) Cost of ink only. Compared to the total ink replacement cost of the leading inkjet printers using standard cartridges recommended by the manufacturer and available in single pack (no multipack, high capacity cartridges, special offers or promotions); one cartridge printers excluded. Based on results of third-party independent research in March Color 30 Black 30 Color 10C Black 10B

6 Pg 6 of 11 Exhibit 2

7 Pg 7 of 11 Adaptive Picture Exchange 110 Maximum productivity. One smart investment. The KODAK Adaptive Picture Exchange 110 (APEX 110) delivers unprecedented performance, quality and reliability. It s time to shift gears and deliver consumers exactly what they want, when they want it. The APEX 110 combines peak performance with all the exciting, new premium products from Kodak with a total cost of ownership you need to see to believe. The APEX 110 is the smart way to invest in your future. The ultimate flexible and scalable dry lab solution KODAK Adaptive Picture Exchange (APEX ) benefits include from Kodak two finishes (gloss and new, improved satin) in three sizes (4x6 in., 5x7 in. and 6x8 in.) resistant, waterproof and will last a lifetime** than an hour environmental impact no processing chemicals, Consumes 70-90% less energy than comparable AgX minilabs*** APEX Maximum Productivity 4x6 in. prints per hour

8 Pg 8 of 11 Adaptive Picture Exchange 110 Meet our new quick-change artist. In just minutes, simply change out the front panel to customize your product offering. Photo Printer Printers KODAK Adaptive Picture Exchange Workstation & Accessories internal CD/DVD writer, monitor, external 8-in-1 card reader, mouse, keyboard. Optional Printing, Scanning, Film and Multimedia Solutions for the APEX 110 SPECIFICATIONS Space Requirements APEX 110 Dimensions (Width x Height x Depth) APEX 110 Weight Power Requirements Environment Requirements Do not place equipment in direct sunlight. Network Requirements APEX must have a unique IP address when connected to a network. APEX 110 Cabinets, Printers & Accessories Catalog # Description KODAK 7000 Photo Printer

9 Pg 9 of 11 Exhibit 3

10 Pg 10 of 11 Picture Kiosk G4XE Order Station with Version 6.0 Software Creating beautiful, personalized products quickly and easily is what consumers love most about the KODAK Picture Kiosk. With our KODAK Picture Kiosk Software v6.0 upgrade solution, you can now offer customers premium products like prints, calendars, and photo books via their mobile devices. More ways for them to connect. More ways for you to earn their business. Smart software that expands your mobile footprint. Today there are more pictures being taken with phones than cameras. Capitalizing on this fast-growing demand is easy. Simply upgrade to our latest KODAK Picture Kiosk Software v6.0. It s intuitive and faster than ever, with effortless connectivity to mobile devices putting more power and creativity in the hands of your customers, and more opportunity for considerable profits right in store. Introduce your customers to Kodak s new mobile apps. With the new KODAK Picture Kiosk Software v6.0 available, Wi-Fi dongles, and new mobile apps, it s easier than ever to connect your store to the world of mobile devices. 1 enables your customers to wirelessly connect to your kiosk and create photo books, cards, calendars, and more, in-store, in minutes without cables or memory cards 1 makes creating and printing from a smartphone simple, whether in-store or to the kiosk from almost anywhere. It lets your customers choose and send their photos right from their mobile device to a select retailer for printing using available Wi-Fi hotspots (without consuming data minutes) or using their mobile Internet (3G/4G) connection itunes or GOOGLE PLAY Store Smart software. Powerful influence. Every KODAK Picture Kiosk G4XE ships with our proven, intuitive software to help deliver incremental premium sales. In fact, our kiosks may rival your most valuable employee for savvy selling techniques and results. with a preview of their images on other available products drive incremental sales My KODAK MOMENTS App KODAK Kiosk Connect App Quality prints in store, in minutes 1) Compatible with APPLE and ANDROID OS. Wireless dongle upgrade kit is required. Picture Kiosk

11 Pg 11 of 11 Picture Kiosk G4XE Order Station with Version 6.0 Software Monetize mobile and upgrade today. Get your KODAK Picture Kiosk Software v6.0 and start making more with your mobile customers CAT No to make connections to smartphones a cinch CAT No (allow 6-8 weeks for delivery) COMPATIBLE HARDWARE Printers KODAK 6850 Photo Printer KODAK 6800 Photo Printer KODAK 605 Photo Printer KODAK 8810 Photo Printer KODAK 8800 Photo Printer KODAK 805 Photo Printer Specialty Printing CANON ipf8000s Scanners KODAK Rapid Print Scanner All KODAK G3 and G4 Series, Flatbed Scanners CONSUMER PRODUCTS AVAILABLE Prints Standard prints Enlargements Greeting cards, invitations, and announcements Photo books Calendars monthly, annual Collages Photo IDs/mini prints Keepsake prints with borders Photo input from your smartphone (APPLE and ANDROID OS) Digital Media Output KODAK Picture Movie DVD KODAK Picture CD KODAK Archive DVD CAPABILITIES OVERVIEW Key Editing Features Rotate, zoom, and crop Red-eye removal Pet eye retouch Facial retouch Video snapshot Create black & white and sepia prints from color Add borders Social Connectivity FACEBOOK PICASA Payment Options G4 receipt printer G4 magnetic/smart card reader Custom/integrated payment process Web service KODAK Kiosk Photo Card KODAK Kiosk Card Print password option Connectivity, Enhanced Workflow & Reporting Options APPLE and ANDROID OS Compatible KODAK Multi-station Order Management (can act as host) dry lab solution plus accessories Output to digital minilabs Output to wholesale labs Connection to KODAK Remote Business Manager SPECIFICATIONS Operating System INTEL Core2 Duo/3.0 Ghz Processor 2 GB RAM 160 GB hard drive Monitor Dimensions/Weight Electrical Operating Info VAC/4A per station VAC/2A per station Environmental Requirements Input Options Compact Flash, MultiMedia Card (MMC), Secure Digital Card (SD), MicroSD Card, Memory Stick, and PDA devices enabled with memory devices, KODAK Picture CD, KODAK Picture Movie DVD Tray load CD/DVD drive for improved operation Connect App and My KODAK MOMENTS App ORDERING INFORMATION Product CAT. No. G4XE Order Station, 230 V KODAK 6850 Photo Printer KODAK 8810 Photo Printer Contact your local KODAK Products representative for more information, or visit Kodak, KODAK, KODAK MOMENTS,