Toshiba Files Appeal in DVD Patent Suit

CAFC Case Filed: Jan 31, 2014

Origin Case: 3:09-cv-00305

DC Case Filed: May 14, 2009

DC Case Closed: Apr 22, 2013

Case Summary:

Toshiba filed a patent infringement case against Imation alleging its patents relating to recordable DVD media were infringed. In addition to Imation, the defendants include Moser Baer, an Indian DVD manufacturer, CMC Magnetics, Hotan Corp., Khypermedia Corp., Glyphics Media, Ritek Corp. and Advanced Media Inc.

The patents-at-issue in the lawsuit are:

•      US5708651 entitled ‘Optical disk having reduced track pitch and optical disk playback apparatus containing the same’ issued on Jan 13, 1998 and expired* on Jan 19, 2014
•   US5892751 entitled ‘Optical disk having an evaluation pattern for evaluating the optical disk’ issued on Apr 06, 1999 and expiring by Apr 14, 2015
•   US5831966 entitled ’Recording layer identifying data in a multi-layer recording medium’ issued on Nov 03, 1998 and expiring by Apr 14, 2015

According to the complaint, Toshiba is the owner of all the patents. Toshiba claimed that defendants infringe by importing, using, making and/or selling recordable DVD discs of Imation, under at least the Imation® and Memorex® brands that are covered by the patents-in-suit. The complaint stated that any business that intends to sell DVD media that complies with the DVD standard specifications must obtain a license to use the patents. Toshiba demanded cash damages, banning the manufacture and supply of recordable DVDs or licensing agreements for its technology.

The D.C Judge entered judgment partially in favor of plaintiff Toshiba and partially in favor of defendants.  As a result of the case outcome, Toshiba filed a notice of appeal.

See 2014-1279 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

* Expected expiration date using Patent Term Estimator, use our free tool or download our free Android app on Google Play Store.

---

* Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.