@MattKing Hi Matt. Can you further expand on this thought, “the Polaroid litigation resulted in a major change to US patent law”. I was aware of litigation and Kodak’s loss in the case but not resulting change to the law. What resulting changes to patent law do you refer?
I'm trying to find my historical materials on this, but so far without success.
Based on my recollection though, the major change related to the actual test for infringement - the case effectively expanded that to include a wider variety of types of infringing "similarities" between the patented items and processes, and the allegedly infringing ones.
It also served as a signal of change from US courts being less supportive of patents to one that was more supportive - apparently due to diminishing concerns about the dangers of monopolies.
Any concerns about monopolies are of course essentially moot now. Outside of the subject of this thread - Instax - there really isn't any marketplace that any substantial entity has any interest in competing in. The markets remain infinitesimally small, in relation to the costs involved in starting up participation.
We don't know about Fuji, but every other producer is working with old equipment - much of it acquired due to bankruptcies or sales at a few cents on the dollar. That certainly includes Harman/Ilford, whose coating line was a small repurposed one, which took the place of the much larger lines that ended up being scrapped as a result of Ilfords's collapse. The only minor exception being Eastman Kodak, who downsized tremendously and were left with the legacy equipment in Building 38, which barely survived the scrap heap during the bankruptcy, and with respect to which they never would be able to raise the capital to replace.
Unless Building 38 could be adapted to produce instant film - doubtful - the management of Eastman Kodak would never be able to persuade its stockholders to take on the extra risk to raise enough capital to compete.