The suit was brought to the Düsseldorf Regional Court against EDD Bizz GmbH (EDD) and its managing director, Mr. Denny Holwerda, as a means to halt infringement of some of Toshiba's DVD patents. Toshiba seeks injunctive relief and declaration that EDD is liable for damages resulting from its infringement of Toshiba's DVD patents.
Toshiba licenses patents essential for meeting DVD format specifications (1 DVD format specifications are standards adopted by the DVD Forum. )EDD has not entered into license agreements with Toshiba or the DVD6C Licensing Group (The DVD6C Licensing Group (DVD6C) is an industry body representing nine leading developers of DVD technology and formats that licenses essential DVD patents. For further information on the DVD6C Licensing Group, please see http://www.dvd6cla.com/.), and has engaged in the manufacture and sales of DVD video discs in Germany without permission. EDD's infringement of Toshiba's patents 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. In filing the lawsuit, Toshiba prepares to recover monetary damages, and secure agreement from EDD to respect Toshiba's intellectual property rights in future.
Toshiba has previously filed lawsuits in the US against infringement of its DVD patents: against Taiwanese DVD drive manufacturers in 2002; against an American importer and wholesaler of DVD-related products in 2005; and against 17 manufacturers and importers of DVD-related products in April 2007. Toshiba will continue to take appropriate action against infringements of its DVD technology patents.
Lawsuit against infringement of Toshiba's DVD patents
1. Date of filing : July 4, 2007
2. Filed with : the Düsseldorf Regional Court in Germany
3. Plaintiff : Toshiba Corporation
4. Filed against : EDD Bizz GmbH
Mr. Denny Holwerda (managing director of EDD)
5. Products : DVD video discs
6. Scope of Complaint : Seeks monetary damages and an injunction prohibiting production of the named products in Germany by the defendant. -Toshiba
