EcoDisc Technology AG v. DVD Format/Logo Licensing Corp.

ORDER RE: MOTIONS TO DISMISS

I. INTRODUCTION

In this unfair competition case, the licensor of a new technology for manufacturing thin optical discs (EcoDisc Technology AG or “Plaintiff’) sues the optical disc standard-setting organization • (“DVD Forum”) and the corporation that licenses that DVD Format standard and DVD Logo (DVD Format/Logo Licensing Corporation or “DVDFLLC”)(colleetively, “Defendants”) to disc replicators worldwide. The First Supplemental Complaint (“FSC”) alleges Defendants have threat ened all disc replicators that if they manufacture the new thinner disc — the EcoDisc — they will be in breach of their license agreement with DVDFLLC and will no longer be permitted to manufacture standard DVDs or use the DVD Logo. The FSC further alleges that Defendants have placed in the marketplace false information regarding the EcoDisc. Plaintiff contends Defendants are conspiring to keep EcoDiscs out of the market to preserve the predominance of their own DVD formats and specifications.

Plaintiff filed this lawsuit in late October 2009, alleging Defendants have engaged in: a conspiracy to restrain trade in violation of state and federal antitrust law; false advertising…