Toshiba Corporation announced yesterday that it had filed a complaint with the US International Trade Commission and an action in California for damages against 17 importers and manufacturers of DVD devices, alleging infringement of its patents.
Among the 17 companies targeted by Toshiba America Consumer Products, LLC, are Daewoo Electronics America, Inc. (U.S.), Dongguan GVG Digital Technology Ltd. (China), GVG Digital Technology Holdings Ltd. (HK), jWIN Electronics Corporation (U.S.), Memcorp Inc. (U.S.), and Star Light Electronics Co. Ltd. (Hong Kong).
Toshiba's filing requests that the ITC prohibit the importation into the United States of DVD players, DVD recorders and other DVD-related products by the companies named in the complaint. Toshiba also filed suit in the United States District Court for the Northern District of California on the same day, seeking damages resulting from infringement of Toshiba's DVD patents by the same 17 companies and an injunction to prohibit production, import, sales or other disposal or use of the products in the United States.
Toshiba licenses patents essential for meeting DVD format specifications. The 17 companies named in the complaint and the lawsuit do not have license agreements with Toshiba or the DVD6C Licensing Group (an industry body representing nine leading developers of DVD technology and formats that licenses essential DVD patents), and are alleged to have engaged in the importation and sale of DVD products without permission.
Toshiba says that the infringement of its patents by the 17 companies has damaged Toshiba's DVD-related business, and also caused damage to the legitimate and licensed DVD product manufacturing and distribution business as a whole. Through the filing of the ITC complaint and the district court lawsuit, Toshiba seeks to exclude infringing imports, recover monetary damages, and secure agreements to respect Toshiba's intellectual property rights in the future.
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