LaserDynamics v. Alco Electronics Et. Al.
LaserDynamics v. Alco Electronics Et. Al.
LaserDynamics v. Alco Electronics Et. Al.
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
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ALCO ELECTRONICS LTD., ALCO ELECTRONICS INC. and AI,CO HOLDINGS LIMITED
Defendants.
PLAINTIFF LASERDYNAMICS' COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL
Plaintiff LaserDynamics, LLC ("LaserDynamics" or "Plaintiff') by and for its Complaint
against defendants Alco Electronics Ltd., Alco Electronics Inc. and Alco Holdings Limited
as follows:
1.
This is an action for patent infringement arising under the patent laws of the
United States. LaserDynamics holds the rights in U.S. Patent No. 5,587,981 ("the '981 patent"). The United States patent laws grant the holder of a patent the right to exclude infringers from making, using, selling or importing the invention claimed in a patent, and to recover damages for
the infringer's violations of these rights, and to recover treble damages where the infringer
willingly infringed the patent. Under 35 U.S.C. $ 282(a), the '981 Patent is entitled to
presumption of validity. LaserDynamics is suing Defendants for infringing its patent, and doing
so
willfully.
LaserDynamics seeks
damages for
willful infringement.
The ,981 patent generally relates to methods for discriminating between different
2.
video disc ("DVD")) inserted types of optical discs (e.g., a compact disc ("CD") versus a digital many well-known into an optical disc drive. The '981 patent has been licensed extensively to
electronics and optical disc drive manufacturers'
THE PARTIES
3.
Road, Suffern, New laws of the State of Delaware, having a place of business at 75 Montebello
York 10901-3740.
4.
1067 King's Road, Quarry headquarters are located at 1lth Floor, Zung Fu Industrial Building, Bay, Hong Kong.
5.
located at 8392 Six existing under the laws of North Carolina with a principal place of business Forks Rd., Suite 104, Raleigh, NC 27615, USA.
6.
and AEI are indirect existing under the laws of Hong Kong. Upon information and belief, AEL
Hong Kong wholly owned subsidiaries of AHL, which is publicly traded company listed on the
are located at 11th Stock Exchange. Upon information and belief, AHL's corporate headquarters
Kong. Floor, Zung Fu Industrial Building, 1067 King's Road, Quarry Bay, Hong
JURISDICTION
7.
This is an action for patent infringement arising under the patent laws of the
United States of America, more specifically under 35 U.S.C. $ 100, et seq. Subject matter
jurisdiction is proper in this Court pursuant to 28 U.S.C. $$ 1331 and 1338.
8.
Personal jurisdiction is also proper in this Court and this judicial district under
N.Y. Civ. Pract. L. R. $ 302 because, upon information and belief, Defendants have sufficient
contacts within the State of New York and within this judicial district to subject itself to the
jurisdiction of this Court. Defendants have purposefully availed themselves of the privileges of
conducting business in the State of New York and this judicial district. Defendants have sought protection and benefit from the laws of the State of New
business within the State of New York and within this
York.
arises directly from Defendants' business contacts and other activities in the State of New York
and in this District.
9.
upon information and belief, Defendants, directly andlor through its intermediaries, transacts
business in this judicial district, including using, distributing, importing, making, offering for
sale, selling, andlor marketing, supporting and advertising of its infringing products in the United States, the State of New York and the Southern District of New
import into the United States, solicit and sell DVD/Blu-Ray players in the United
including within the Southern District of New York DVD/Blu-Ray players under the RCA@,
Venturer@, Durabrand@, Audiovox@ and Trutech@ brand names ("Brand Names").
VENUE
10.
Venue properly lies within this judicial district and division, pursuant to 28 U.S.C.
1.
paragraphs.
12.
On December 24, 1996, the '981 patent, entitled "Multi-standard Optical Disk
Reading Method Having Distinction Process," was duly and lawfully issued based upon an application filed by the inventor, Yasuo Kamatani. A true and correct copy of the '981 Patent is
attached hereto as Exhibit
1.
13. On December
("USPTO") issued a Reexamination Certificate for the '981 patent. A true and correct copy of
the Reexamination Certificate is attached hereto as Exhibit 2.
14. 15.
LaserDynamics is the assignee and the owner of all right, title and interest in and
to the '981 patent, and has the right to sue and recover damages for infringement thereof.
in making, using,
importing, selling or offering for sale DVD/Blu-Ray players under the Brand Names in the
United States generally, and in the Southern District of New York specifically.
16.
Upon information and belief, by acts including, but not limited to use, making,
importation, offers to sell, sales and marketing of the products that fall within the scope of at
least Claim
information and belief, equivalently, and are continuing to infringe the '981 patent and are thus liable to LaserDynamics pursuant to 35 U.S.C . 5 271.
17. 18.
been and is
has
$
19.
A. B.
'981 patent;
That the '981 patent is valid and enforceable; That Defendants have directly infringed one or more claims of the
C. D.
That such infringement has been willful; That Defendants account for and pay to LaserDynamics all damages
infringement of the '981 patent, but in no event less than a reasonable royalty for the use made by Defendants of the inventions set forth in the '981 patent;
E,. F. G.
That this is an exceptional case under 35 U'S'C' $ 285; That Defendants pay LaserDynamics all of LaserDynamics' reasonable
H.
in accordance with 35 U.S.C. $ 284 on the damages caused to it by reason of Defendants' infringement of the '981 patent, including pre-judgment and post-judgment interest on any
enhanced damages or attorneys' fees award;
I.
LaserDynamics; and
J.
That LaserDynamics be granted such other and further relief as the Court
jrry
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Sergey Kolmykov
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Gaston Kroub (GK6970) gkroub@,kskiplaw.com 305 Broadway,TthFloor New York, NY 10007 Telephone No.: (212) 323-7442
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Patent Number:
Date of Patent:
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5,465,245
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ABSTRACT
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DATA PROCESSING
COLLATE TOC DATA WTTH STORED DATA IN MEMORY
fJ.S. Patent
Dec.24,1996
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ENCODED ON DISK ?
DATA PROCESSING
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5,587,981
1 MULTI-STANTDARD OPTICAL DISK READING METHOD HAVING DISTINCTION PROCESS BACKGROTIND OF THE INVENTION
1. Field of the Invention
,,
contained
process faster. However even the data about the standard is not contained ia TOC data, the standard of the optical disk can be identified by processing TOC data or certain amount of pits to certify the total number of data encoded surfaces,
the pit density and track pitch. Afier making sure the
standard of the optical disk, each movement of a focusing lens servo, a tracking scrvo or a spindlc servo is dctermined to reproduce the data on the optical disk. The focusing lens More specifically, this invention relates to an optical reading mcthod for an optical data reproducing system which is able l0 servo is modulated to focus laser beam onto encoded pit on the optical disk by moving the focusing lens or changing the to reproduce encoded data at different pit density on varied focusing lens. If the optical disk has morc than one data types of optical disk format. surface, the focusing lens servo has to be modulated to read 2. Description of the Prior Art each of the data surface. The tracking seruo and the spindle Initialized by the vast increase in information that needs t5 servo are modulated in order to uace the encoded pit lane on to be prccessed, optical data storage system have become the optical disk with the focal point. very imponant system particularly because of their high For a fuller understanding of the nature and adYantages of inforoptical per thc reccnt Most of arca. storagc density present invention reference should be made to the the are used disk mation storage systems rotating single optical following detailed description taken in conjunction with the on which thc information is digitally stored in concenlric accompanying drawings. predifincd manner to allow
chronological fast reading and fast random access to desired pits of data. At present, varied type of optical disk systems are provided, for example, compact disk (CD) system, Mini-Disk (MD) system and multilayered optical disk for digital video disk (DVD) system. Each of these optical disk format is
BRIEF DESCRIPTION OF TI{E DRAMNGS FIG. 1 shows block diagram of an example ofan optical reading apparatus to which the present invention can be
applied;
25
FIG. 2 is a flowchart for a description of a multi-standard fabricated dependent upon different standard. And thickness optical disk reading method of the present invention. or pit density of the each optical disk is different from one and another. An optical reading system is needed which is ,o DETAILED DESCRIPTION OF TIIE able to reproduce the encoded data from any types of optical PREFERRED EMBODIMENT disk format. Embodiments of the present invention will be explained with reference to the drawings. OF TI{E INVENTION STIMMARY
35
multi-standard optical disk reading system having distinction process, which can read encodcd pits on varicd types of optical disk format. The object of the prcsent invention can be achieved by an oo optical disk reading method having distinction process, the steps comprising: to read a total of contents (TOC) data in a read-in region of an optical disk before starting reproduction process, to read any encoded pits until identifying a type ol the optical disk format if the TOC data is not encoded on ot thc optical disk, to collate the TOC dam or any pro."rrrd data with stored data in a memory to obtain data about standard of the optical disk from the memory to set up modulation of first stage position of a focusing lens or to select a focusing lens, to set up modulation of a tracking ,o scrvo, and to start reproducing data on the optical disk. In an optical disk such as a compact disk (CD), a Mini-Disk (MD) and a digital video disk (DVD), a TOC data is encoded in the rcad-in region of the disk. And at first, the TOC data is reproduced by a pickup hcad. Thc TOC data 55 includes total number of portions of information such as music, movie or computer program, and time consuming data for reproduction. Also, the TOC data of some types of optical disk contains address of each of the information and reproduction time of each of the information. 60 In addition, the TOC data also represents the standard of thc optical disk, such as pit density, Iotal data capacity and reproducing speed. Such data about the standmd of the optical disk can be encoded as TOC data. Otherwise, the standard of the optical disk is identified by reproducing the 0s TOC data which is encoded in accordance with the standard. The data about the standard of the optical disk is better to be
FIG. I is a block diagram of an example of an optical lssding apparatus to which the optical disk reading methods of the present invcntion can bc applied. An optical disk 10 represent one of optical disk formats among a compact disk (CD), a Mini-Disk (MD), a digitai video disk (DVD) or the other. The opticat disk 10 is mounted on and secured by a
tumtable 12 to be rotated by a spindle motor 14. Encoded pit on the optical disk 10 is read by a pickup 16 which includes a laser diode, a focusing lens, a focusing lens actuator, a tracking actuator and a photo-detector. The output signal from the pickup 16 is transmitted to a focusing servo circuit 18, a tracking servo circuit 20 and an RF amplifier 22.
5,587,981
3
modulating the focusing scryo circuit 18, and the tracking servo circuit 20 is modulated to move the pickup 16 in order to tlace the pit lane which is fabricated in accordance with the pit density standard.
system controller determines each set up of the all servo circuit dependent upon the recognized typc of thc optical disk (S10). In step 10 (Sl0), the system controller determines each modulation such as the focusing servo circuit, The output signal of thc RF amplifier 22 in Lhe clock 5 tracking servo circuit or spindle servo circuit. In the step 10 (S10), the focusing servo circuit modulates the focusing lens generator 24 together with the reproduction clock signal is actuator to move thc focusing lens or change the focusing applied to the address decoder 28 including a frame synlens, the tracking servo circuit modulates the tracking actuachronizing circuit. The reproduction clock signal is con[or to move the pickup, and the spindle servo circuit moduverted by the address decoder 28, and thc convcrted clock lates the spindle motor to track linear velocity of the optical signal is transmi$ed to the servo control circuit 34 which l0 disk. Also in step 10 (S10), the system controiler can modulate or stabilize thc spindle motor 14 accompanying determine which decoding circuit is used to process the data with the clock generator 24 and the spindle servo circuit 26. dependent upon the type of the optical disk. When a data Thc demodulation data signal of the address decoder 28 is reproduction switch is tumed on in step 11 (S11), the system Eansmitted to a decoder 36 which also controls a memory controller starts reproducing data on the optical disk in step controller 38. The decoded data signal is stored in a RAM 15 12 (Sl2). When a data reproduction switch is not turncd on (Random Access Memory) 40 for a shock proof function or in step 11 (S1l), the data reproducing has to be wailed. a continuous data processing function with multi data surAlthough the invention has bccn particularly shown and face optical disk. The dccoded data signal by the decoder 36 described, it is contemplated that various changes and modior the stored data signal by the RAM 40 is processed by a fication may be made wirhout departing lrom the scope of data processor 42, and the processed data signal is converted 20 the invention as sst forth in the following claims. from digital signal to analog signal by a D/A (digital to What is claimcd is: analog) converter 44. Then, after ths data signal is amplified 1. An opticai disk reading method comprising the steps ol by a amplifier 46, the data reproduction is completed. reading a total of contents data in a read-in region of an Each of a control signal of the servo control circuit 34, the optical disk to identify toral number of data laycrs and address decoder 28, the decoder 36 and the memory con- 2s pit configuration standard of the optical disk; and trollcr 38 is supplied from a system controller 30. The settling modulation of servomechanism means dependent system controller 30 is operatcd by an operation signal from upon the total of contenLs data; a key operating unit 48 which transmits all operating signal (a)thc servomechanism means inciuding: of a user or an operator Thc system controller 48 also a focusing lens servo to modulate position of a focusing controls a display unit 50 to show tire data reproducing status 30 lcns; and to the operator. a kacking servo to modulate movcment of a pickup. FIG. 2 shows a flowchart ofan operation processing in the 2. An optical disk reading method comprising the steps of: system controller 30 in FIG. 1. When a powcr switch is reading a total of contents data in a read-in rcgion of an tumed on and the optical disk is mounted on the tumtable 35 optical disk to identify total number of data layers and the system controll;r operates thc pickup to accass to the pit configuration standard of the optical disk; TOC data by modulating the servo conrol circuit, tracking collating the total of contcnts data with an optical disk servo circuit and focusing servo circuit (stcp 1: S 1 ). In step standard data which is stored ia a memory; and 2 (S2), the system controller recognizes whether the TOC data is encoded on the optical disk or not. Whcn the TOC settling modulation of servomechanism means dependcnt a0 data is encoded on the optical disk, the TOC data is read with upon the optical disk staodard data which corresponds an operation of the system controller (S3). Then the read with the total of contcnts data; TOC data is collated with stored data in the RAM to idcntify (b) the servomechanism means inciuding: type of thc optical disk fomat along with its l.otal number of a focusing lens servo to modulate position of a focusing data layers and pit density (S4). In the step 5 (S5), the sysrcm lens; and ,, controller determines whether type of rhe optical disk along a facking servo to modulate movemcnt of a pickup. with its total number of data layers and its pit density 3. An optical disk reading method comprising the steps of: standard is identified or not. In case that the TOC data is not processing an optical signal reflected from encoded pits encoded on the optical disk in step 2 (S2) and the case thaL on an optical disk until total number ofdata layers and type of the opticai disk is not identified in step 5 (S5), the pit configuration standard of the optical disk is identi,o system conEoller operates the pickup to rcad any data on the fied; optical disk by modulating the servo control circuit, ffacking collating the processed optical signal with an optical disk servo circuit and the focusing servo circuit (56). In step 7 standard data which is stored in a memory; and (S7), the system controller operates the decoder to process settling modulation of servomechanism means dependent the data. Then the processed data is collated with stored data 5s upon the optical disk standard data which corresponds in the RAM ro identify type of the oprical disk fbrmar alon; with the processed optical signal; with its total numbcr of data layers and its pit density (SB). In the step 9 (S9), the system controller determines whether (c) the servomechanism means including: type of the optical disk along with its total-number of data a focusing lens servo to modulatc position of a focusing layers and its pit density standard is identified or not. In case lens; and 60 that typc of the optical disk is not identified in step 9 (S9), a tracking servo to modulate movement of a pickup. the process has to go back to step 6 (56). When type ofthe optical disk is identified in step 5 (S5) or step 9 (S9), rhe
*****
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EX PARTE REEXAMINATIOT{ CERTIFICATE (7232nd) (10) Number: US 5,587,981 C1 United States Patent (4s) Certiflcate Issued: Dec. 15,2009 Kamatani
(I2)
(s4)
Reexamination llequest:
No. 90/008,937. Nov. 20. 2007 Reexamination Ccrtificate for:
Patent No.: Issucd: 5"587.981
Fennemaetal.
Zuckerelal.
Rosen et al.
Nakagawaetal.
Miyagawa et al.
.longenelis et al. Usani et a[.
l0'1991 Slrickler
loil99l
Bestetal.
(Continued)
Dec.24,1996
08t523,461
Sep. 5, 1995
EP EP
FP
(2006.01) (2006.01)
(2006.01) (2006.01) (2006.01)
369147
EP EP
4i199)
2it994
4i1994 9i1995
9i 1995
Cl.
.54 369144.26t
369147
.55t
"Optical Disk Family". IBNI Technical Disclosure Bulletin, vol. 30, No. 2. .lul. 1987. pp.667 669.
(Continued)
369153.2
.... None
Prinan Lxanriner
Charles Craver
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is
identified. rnodulation of each servo circuit sr:ch as a focusing lens sewo circr:it and a lracking servo circuit is settled to start reprodncing data on the optical disk.
us
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Page 2
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t2
us
5,587,981
Cl
AS
The patentability of clairn 3 is confinned. Claim l is cancelled. claim 2 \''as not reexarni,ed'
INDICATDDBELOW.
* * * *