On May 27, 2016, FujiFilm Corporation of Japan and FujiFilm Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively, “FujiFilm”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Sony Corporation of Japan, Sony Corporation of America of New York, New York, and Sony Electronics Inc. of San Diego, California (collectively, “Sony”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain magnetic data storage tapes and cartridges containing the same that infringe one or more claims of U.S. Patent Nos. 6,641,891 (the ‘891 patent), 6,703,106 (the ‘106 patent), 6,703,101 (the ‘101 patent), 6,767,612 (the ‘612 patent), 8,236,434 (the ‘434 patent), and 7,355,805 (the ‘805 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to magnetic tape media for data storage. In particular, the ‘891 patent relates to a high density magnetic recording medium with enhanced electromagnetic characteristics when the recording wavelength and magnetic layer thickness are reduced. The ‘106 patent relates to a high density recording medium that reduces noise due to abrasive particles and their clusters on the surface of the media when read with magnetoresistive (“MR”) heads. The ‘101 patent relates to a high density recording medium that reduces noise in MR heads caused by irregular contact between the MR heads and the recording medium. The ‘612 patent relates to a recording medium with reduced medium noise for use with MR heads. The ‘434 patent relates to a magnetic recording medium with enhanced electromagnetic characteristics during high-density recording. Lastly, the ‘805 patent relates to a system in which data is embedded in each servo signal by shifting pairs of stripes in the servo pattern, thus allowing a read head to determine which servo band it is positioned over without reference to a second servo band.
In the complaint, FujiFilm states that Sony imports and sells products that infringe the asserted patents. The complaint specifically refers to Sony’s Linear Tape-Open (“LTO”) Ultrium 7 Data Cartridge and LTO-7 Library Pack as infringing products.
Regarding domestic industry, FujiFilm states that its LTO Ultrium 6 Data Cartridge, LTO Ultrium 6 WORM Data Cartridge, LTO Ultrium 7 Data Cartridge, and LTO Ultrium 7 WORM Data Cartridge practice the asserted patents. FujiFilm further states that it conducts significant activities in the U.S. relating to its domestic industry products, including manufacturing, quality assurance testing, packaging, and engineering. FujiFilm specifically refers to a facility in Massachusetts where it conducts activities relating to its domestic industry products.
With respect to potential remedy, FujiFilm requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at Sony and related entities.