Docket Number: 2:2011-cv-13110
Date Filed: 7/20/2011
Judge: Hon. Julian A. Cook
On July 20, 2011, Optical Memory Storage, LLC (“Plaintiff”) filed suit against CMC Magnetics Corp.; Hotan Corp.; Fujifilm Holdings Corp.; Fujifilm Holdings America Corp.; Fujifilm U.S.A., Inc.; Fujifilm Recordings Media U.S.A., Inc.; Hewlett-Packard Co.; Imation Corp.; Moser Baer India Limited; Ritek Corp.; Advanced Media, Inc.; Royal Philips Electronics N.V.; Philips Electronics North America Corp.; Panasonic Corp.; Panasonic Corp. of North America; and Wal-Mart Stores, Inc. (collectively, “Defendants”) for patent infringement of U.S. Patent Nos. 5,128,099 (“the ‘099 patent”), entitled “Congruent State Changeable Optical Memory Material and Device,” 6,011,757 (“the ‘757 patent”), entitled “Optical Recording Media Having Increased Erasability”; and 5,335,219 (“the ‘219 patent”), entitled Homogenous Composition of Microcrystalline Semiconductor Material Semiconductor Devices and Directly Overwritable Memory Elements Fabricated Therefrom, and Arrays From the Memory Elements.”
Plaintiff sought the following relief: a judgment that one or more of Defendants had infringed on one or more claims of the patents; 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 October 3, 2011, Plaintiff entered a Notice of Voluntary Dismissal without Prejudice. The case was dismissed on January 26, 2012.