Roxio is accused by storage specialist Optima Technology of patent
infringement over its software that allows users to burn files onto
recordable CDs. Optima has offered $1m to anyone who could find
infringements of its patent.
Roxio stands accused of patent infringement over its software
that allows users to burn files onto recordable CDs. The lawsuit
was filed by storage specialist Optima Technology which offered up
to $1 million to anyone who could find infringements of its
patent.
Irvine, California-based Optima's patent is for a 'Recordable
CD-ROM Accessing System.' This is a patent for software with the
ability to burn discs that can be read on any computer. Prior to
Optima's development, the company says that data burned onto a CD
could not be changed or modified, and frequently could not be read
on other computers without the original mastering software.
According to Optima, Roxio – which recently acquired and
re-launched the Napster brand – is responsible for inducing or
contributing to infringement of Optima’s patent rights for this
technology by making and selling software that enables others to
use it.
On Friday, Optima sued Santa Clara, California-based Roxio,
seeking an injunction, damages and costs. Roxio denies the
claims.
But Optima also alleges that when an industry trade group, the
Optical Storage Technology Association (OSTA), developed certain
industry standards or specifications to be used by companies for
writing software for CD burners, it infringed Optima’s patent.
This means that companies using the OSTA standards for CD
burning software are also infringing on the patent, according to
Optima. It says the standards have been adopted by most of the
industry in the US and elsewhere around the world. It is therefore
likely that more actions will follow.
According to Optima’s lawyer, Robert Lyon, "Optima believes most
every company in the CD burner industry may be infringing."
The lawsuit against Roxio comes a few months after Optima
offered a reward for information about patent infringements. Optima
promised that:
"any person and/or company who aids Optima by providing us with
credible documentation that clearly demonstrates proof of a
violation of our patent by another company, individual and/or
entity shall receive up to $1 million."
Yesterday, Robert Adams, CEO of Optima Tech, confirmed to
OUT-LAW.COM that the case against Roxio was the result of
information provided by bounty hunters:
"The tip came in from two separate people back when we offered
the reward in May 2003 and it took several teams of independent
engineers to ensure the evidence was solid and that's why we waited
to file in Dec 2003. Optima will pay each person a reward."
