Optima Prevails at Recent Federal Markman Hearing

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Software Company Alleges Patent Infringement and Seeks Damages and AttorneysÂ? fees

Optima Technology, an Irvine, California-based software company prevailed over Roxio (Nasdaq: ROXI) at the recent Federal Markman Hearing. A trial date has now been set.

The Complaint (Federal Case No. SACV03-1776 JVS (ANx)), filed last December by Optima’s attorneys, asserts that Roxio is infringing its patent for a "Recordable CDROM Accessing System” - software that enables users to burn photographs, music, video and data onto recordable CDs. Optima is seeking unspecified damages, royalties and attorneys’ fees from Roxio.

The CEO and owner of Optima, Robert Adams said that “based on Roxio's recent actions and the soundness of our case, we prefer to settle so we can deal with others who have infringed upon our patent. But after my last conversation with Roxio's counsel, where they offered us what I consider pennies on the dollar compared to the millions they owe my company in back royalties, I can only speculate as to the reasoning behind their actions after the outcome of the Markman hearing. Roxio recently agreed to sell its entire software product division, including the software line in question, to Sonic Solutions (Nasdaq: SNIC), who has assumed all liabilities, according to filed SEC documents concerning Roxio's deal with Sonic.”

According to Robert Adams, “Companies like Roxio, selling or using the software that Optima wrote, without a license from Optima, shall be required to compensate us for lost royalties. Optima believes most every company in the CD burner industry may be infringing.”

Optima Technology has now commenced licensing of its patent 5,566,531 and will offer a short period of limited amnesty for those companies who incorporate the OSTA UDF 1.5 standard; this, of course, will only apply to that portion of the standard that infringes Patent 5,666, 531.

Founded in Irvine California in 1990, Optima is a worldwide leader in software, services and Internet technologies for personal and business computing. The company offers a wide range of products and services designed to empower people through great software.

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Cathy Pugh
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