Optical Disc Drives (ODD)

DEFENDANT NAME: Sony, Toshiba, Samsung and Hitachi
STOCK SYMBOL:
CASE NUMBER: 10-CV-02143
CASE NAME:
COURT: U.S. District Court for the Northern District of California
PRACTICE AREA: Antitrust Litigation
STATUS: Active
CLASS PERIOD:
LEAD PLAINTIFF DEADLINE:
DATE FILED: 05/06/10
COURT LOCATION:
RELATED DOCUMENTS:
CONTACT:
206-623-7292 ODD@hbsslaw.com

Claims Period Extended

The court has extended the claims period for the optical disc drive antitrust case until Oct. 30, 2017 for $180 million in settlements. Go to https://www.opticaldiskdriveantitrust.com/ to submit your claim now. 

CASE INCLUDES all devices with CD or DVD Players

In their complaint, Hagens Berman alleges that manufacturers of optical disc drives (“ODDs”) colluded to stabilize the prices of ODDs worldwide. Plaintiffs allege that defendants’ conduct had an extraordinary impact on consumers in the United States where many of these products are sold. Hagens Berman filed suit against big-brand manufacturers such as Hitachi, LG Electronics, Sony, Toshiba, Samsung and Philips and represents consumers – Indirect Purchasers Plaintiffs (“IPPs”) – in this class action.

The ODD industry possessed structural characteristics that support the existence of the conspiracy. High barriers to entry, few ODD manufacturers (and competitors within the market), many long-standing business relationships, including joint ventures, and a homogenous product point to circumstantial evidence of a conspiracy between competitors – and all factors defined the ODD market during the time of the conspiracy with defendants. Plaintiffs believe these structural characteristics facilitated defendants’ conspiracy to stabilize prices for ODDs. Plaintiffs allege that defendants’ conduct impacted DVD drives sold between 2003 and 2008. 

In February 2016, Judge Seeborg granted certification of an indirect purchaser class for all persons and entities who purchased: (i) a computer with an internal ODD; (ii) a stand-alone ODD designed for internal use in computers; or (iii) an ODD designed to be attached externally to a computer. An ODD refers to a DVD-RW, DVD-ROM, or COMBO drive manufactured by one or more defendants or their co-conspirators. Panasonic-branded computers are excluded from the class.

To date, IPPs have reached settlements with Panasonic, NEC, Sony, and Hitachi providing for $124.5 million in recovery for the class.  On July 21, 2016, the Court granted preliminary approval for these settlements and Notice of the settlements was emailed to class members beginning in late August, 2016.  Class members are now invited to file a claim on the official Court-approved settlement website, which can be found at https://www.opticaldiskdriveantitrust.com.  The simple online claim form only takes 3-5 minutes for most individuals. The deadline to file a claim is July 1, 2017.  If final approval is granted to one, some or all of the settlements, class members who have filed valid and timely claims will receive an electronic payment. The amount of any settlement payment will be based on a class member’s qualifying purchases and the total number of class members.

If you purchased a laptop or desktop computer that features a DVD drive purchased between April 1, 2003 to December 31, 2008, you are encouraged to contact Hagens Berman to find out if you are eligible to join the case. Please email Hagens Berman at ODD@hbsslaw.com, call 206-623-7292 or fill out the contact form on the right-hand side of this page.


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Case Timeline

08/17/17: Claims Period Extended

The court has extended the claims period for the optical disc drive antitrust case until Oct. 30, 2017 for $180 million in settlements. Go to https://www.opticaldiskdriveantitrust.com/ to submit your claim now. 

08/29/16: SETTLEMENT UPDATE

To date, IPPs have reached settlements with Panasonic, NEC, Sony, and Hitachi providing for $124.5 million in recovery for the class.  On July 21, 2016, the Court granted preliminary approval for these settlements and Notice of the settlements was emailed to class members beginning in late August, 2016.  Class members are now invited to file a claim on the official Court-approved settlement website, which can be found at https://www.opticaldiskdriveantitrust.com.  The simple online claim form only takes 3-5 minutes for most individuals. The deadline to file a claim is July 1, 2017.  If final approval is granted to one, some or all of the settlements, class members who have filed valid and timely claims will receive an electronic payment. The amount of any settlement payment will be based on a class member’s qualifying purchases and the total number of class members.

06/24/10: Discovery Continues

Judge Walker believed the broad stay of discovery DOJ requested was not justified here. The court intends to allow the normal evidence discovery process to proceed against the likes of Sony, Samsung and other optical disc drive makers, and address any specific concerns raised by the government if and when they arise.

06/04/10: Hagens Berman Appointed as Interim Class Counsel

United States District Chief Judge Vaughn R. Walker appointed Steve Berman and Jeff Friedman with Hagens Berman as interim class counsel, representing plaintiffs in the class-action lawsuit filed against ODD makers in April 2010. According to the court order, the final appointment of class counsel will be made when and if a class of indirect purchaser plaintiffs is certified.