Case Name: Optical Memory Storage, LLC v. CMC Magnetics Corporation

Docket Number: 2:2011-cv-12566

Date Filed: 6/13/2011

Judge: Hon. Julian A. Cook

Status: Closed  

On June 13, 2011, Optical Memory Storage, LLC (“Plaintiff”) filed suit against Fujifilm U.S.A., Inc.; Imation Corporation; Ritek Corporation; Advanced Media, Inc.; Moser Baer India Limited; Moser Baer Technologies, Inc.; CMC Magnetics Corporation; Royal Philips Electronics N.V.; Philips Electronics North America Corp.; Fujifilm Holdings America Corporation; Fujifilm Recording Media U.S.A., Inc.; Hewlett-Packard Co.; Hotan Corporation; and Fujifilm Holdings Corporation (“Defendants”) for patent infringement of U.S. Patent No. 5,128,099 (“the ‘099 patent”), entitled “Congruent State Changeable Optical Memory Material and Device.” Specifically, Plaintiff asserted  that the Defendants each infringed on the ‘099 patent by making, using, offering for sale, selling and/or importing apparatuses that infringed on the patent, including, but not limited to, CD-RW, DVD-RW, DVD-RAM, Mini CD-RW, and BD-RE discs. Plaintiff sought the following relief: a judgment that one or more of Defendants had infringed on one or more claims of the patent; a judgment that Defendants account for and pay to Plaintiff all damages and costs incurred by Plaintiff because of Defendants’ infringing activities; a judgment that Defendants account for and pay to Plaintiff a reasonable, on-going, post judgment royalty because of Defendants’ infringing activities; that Defendants’ infringements be found to be willful from the time that Defendants became aware of the infringing nature of their respective products and services, so as to aware treble damages for the period of such willful infringement; and any other relief that the court found proper.

On August 31, 2011, Plaintiff dismissed claims against Defendant Moser Baer Technologies, Inc. On September 30, 2011, Plaintiff filed an amended complaint, which added the following Defendants: Panasonic Corp.; Panasonic Corp. of North America; and Wal-Mart Stores, Inc. Additionally, Plaintiff asserted that Defendants products infringed on one or more claims of U.S. Patent No. 6,011,757 (“the ‘757 patent”), entitled “Optical Recording Media Having Increased Erasability,” and U.S. Patent No. 5,335,219 (“the ‘219 patent), entitled “Homogenous Composition of Microcrystalline Semiconductor Material, Semiconductor Devices and Directly Overwritable Memory Elements Fabricated Therefrom and Arrays Fabricated from the Memory Elements.”

Between May 14, 2012 and June 15, 2012, the court granted individual Stipulations of Dismissal with Prejudice between Plaintiff and all remaining Defendants.