February 15, 2007
Notice by DVD6C on Statements Made by Optical Disc Service GmbH Regarding Licensing Relationship with DVD6C
TOKYO--Toshiba Corporation, in its capacity as Authorized Licensor for the DVD6C licensing group — the nine-strong body of leading developers of DVD technologies and formats — today responded to recent press reports of certain statements made by Optical Disc Service GmbH ("ODS") in respect of its licensing relationship with DVD6C with the following announcement and clarification.
In April, 2006, Toshiba, in its role as Authorized Licensor, filed an arbitration claim against ODS, based on ODS's failure to pay royalties due under ODS's License Agreement with the Licensing Group. The claim, filed with the American Arbitration Association's International Centre for Dispute Resolution (the "ICDR"), alleges that ODS has failed to pay royalties due and seeks recovery of such royalties, plus interest. The claim is currently pending with the ICDR, and is based upon what Toshiba alleges to be ODS's breaches of its obligations under the License Agreement. The License Agreement between ODS and the DVD6C Licensing Group specifically provides that "no license is conferred" thereunder on "any DVD Product" unless the licensee "complie[s] fully" with its obligations under the agreement, including specifically the full payment of the applicable royalty payments.
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