Hagens Berman Sobol Shapiro LLP Announces Additional Proposed Settlements Totaling $55.5 Million in the Optical Disk Drive Products Antitrust Litigation

05/17/2017

SAN FRANCISCO - The following statement is being issued by Hagens Berman Sobol Shapiro LLP regarding the Optical Disk Drive Products Antitrust Litigation:

LEGAL NOTICE

In Re Optical Disk Drive Products Antitrust Litigation

United States District Court, Northern District Of California

Case No. 3:10-MD-2143-RS (MDL 2143)

If you purchased a new computer with an internal ODD,  a stand-alone ODD designed for internal use in a computer, or an ODD designed to be attached externally to a computer while a resident of Arizona, California, District of Columbia, Florida, Hawaii, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Tennessee, Utah, Vermont, West Virginia, or Wisconsin during the period of April 2003 to December 2008 for your own use and not for resale, you may be eligible for benefits from settlements reached in antitrust litigation currently pending in federal court. ODD refers to a DVD-RW, DVD-ROM, or COMBO drive manufactured by one or more Defendants or their alleged conspirators. For class members to ensure cash payment, you must file a claim online or by mail by August 1, 2017.

This notice is a summary only. For the precise terms and conditions of the settlement, visit www.OpticalDiskDriveAntitrust.com.

Para una notificación en Español, llamar 1-877-368-9020  o visitar
www.OpticalDiskDriveAntitrust.com.

WHAT IS THIS ABOUT?

The Court has certified a class of indirect purchasers of ODDs. Separately, plaintiffs have reached proposed settlements with three defendant families: Koninklijke Philips N.V., Lite-On IT Corporation, Philips & Lite-On Digital Solutions Corporation, Philips & Lite-On Digital Solutions U.S.A., Inc. (collectively “PLDS”), Pioneer Corporation, Pioneer North America, Inc., Pioneer Electronics (USA) Inc., Pioneer High Fidelity Taiwan Co. (collectively “Pioneer”), TEAC America, Inc., and TEAC Corporation (collectively “TEAC”) in antitrust class action lawsuits involving the price of a computer with a ODD and a stand-alone ODDs manufactured and sold by certain companies (“Litigation”).

WHO IS INCLUDED IN THE SETTLEMENTS?

Individuals and businesses that, during April 2003 to December 2008, purchased a new computer with an internal ODD, stand-alone ODD designed for internal use in a computer, or an ODD designed to be attached externally to a computer anywhere in the enumerated states for their own use and not for resale. Purchases made directly from an ODD manufacturer and the purchases of Panasonic-branded computers are not included. A list of manufacturers may be found at www.OpticalDiskDriveAntitrust.com or by calling 1-877-368-9020.

WHAT DO THE SETTLEMENTS PROVIDE?

The settlements provide for $55.5 million in new recovery for class members. Specifically:

  • The PLDS settlement provides for a $40 million settlement fund.
    • The Pioneer settlement provides for a $10.5 million settlement fund.
  • The TEAC settlement provides for a $5 million settlement fund.

These new settlements are in addition to $124.5 million already reached in previous settlements with four defendant families (Panasonic, NEC, Sony and HLDS), which have received final approval by the Court. Class members are still able to make claims on the original $124.5 million in settlements. You can submit a simple online claim form with no proof of purchase required. If final approval is granted to the settlement, Class members who have filed valid and timely claims will receive cash payments distributed electronically.  If you are a Class Member with valid and timely claims and would prefer to receive a physical check, please submit a written request by August 1, 2017 to In re ODD Products Indirect Purchaser Litigation, PO Box 43424, Providence, RI 02940-3424.  IPPs propose to compensate members of the state classes according to a plan of distribution which provides for a pro rata share of the settlement fund based on: (1) the number of ODDs purchased by the class member; and (2) the number of valid claims filed. Any remaining funds may be distributed in a second round to class members, or, depending on the funds remaining, be distributed to the California Attorney General for use in prosecuting consumer and antitrust claims. Under no circumstances will the money go back to the defendants.

WHO ARE RELEASED

The settlements release Koninklijke Philips N.V., Lite-On IT Corporation, Philips & Lite-On Digital Solutions Corporation, Philips & Lite-On Digital Solutions U.S.A., Inc., Pioneer Corporation, Pioneer North America, Inc., Pioneer Electronics (USA) Inc., Pioneer High Fidelity Taiwan Co., Ltd., Pioneer Digital Design and Manufacturing Company, TEAC America, Inc., and TEAC Corporation from claims made in this Litigation.

YOUR RIGHTS AND OPTIONS

Get a Payment

File a claim online or by mail by August 1, 2017. The simple online claim form only takes 3-5 minutes for most individuals. Claims may be submitted online at www.OpticalDiskDriveAntitrust.com or by mail to In re ODD Products Indirect Purchaser Litigation, PO Box 43424, Providence, RI 02940-3424.

Exclude Yourself

You can choose to exclude yourself from the PLDS, Pioneer, and TEAC settlements and keep your right to sue the defendants on your own. If you exclude yourself, you can’t receive any benefits from the settlements. Your written Exclusion Form must be postmarked by July 14, 2017. Please see the full notice at www.OpticalDiskDriveAntitrust.com or call 1-877-368-9020 for complete instructions on how to exclude yourself from the settlements.

File an Objection

You can ask the Court to deny approval by filing an objection.

Objections must be in writing and postmarked on or before July 14, 2017. Please see the full notice at www.OpticalDiskDriveAntitrust.com or call 1-877-368-9020 for complete instructions on how to object from the settlements, and/or notify the Court of your intent to appear at the Final Approval Hearing.

Please note that you cannot ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue.

Go to a Hearing

The Court will hold a Final Approval Hearing on September 7, 2017, at 1:30 PM at 450 Golden Gate Ave, San Francisco, CA, Courtroom 3- 17th Floor to consider whether to approve or deny the settlements and a request for attorneys’ fees up to 25 percent of the settlement funds. You or your own lawyer may ask to appear and speak at the Hearing at your own expense. The Hearing may be moved to a different date or time without additional notice, so please check the website below for additional information.

WHO REPRESENTS ME?

The Court appointed Hagens Berman Sobol Shapiro LLP to represent the Settlement Class. You may hire your own attorney, if you wish, at your own expense.

HOW CAN I GET MORE INFORMATION?

This notice is a summary only. You may access the settlement agreement and other relevant documents on the docket at the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Ave., San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays, or online through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov.

For more information, please contact the Settlement Administrator at 1-877-368-9020 , via email at info@opticaldiskdriveantitrust.com, or visit www.OpticalDiskDriveAntitrust.com. You may also contact Class Counsel at Hagens Berman Sobol Shapiro at odd@hbsslaw.com.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

Media Contact
Ashley Klann
ashleyk@hbsslaw.com
206-268-9363


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06/28/19: Case Update

The claims period for the $205 million class action settlement in the Optical Disk Drive Antitrust litigation is now closed. The district court overseeing this litigation has approved all the settlements as fair and reasonable, and has approved the payment of attorneys’ fees. 

A small number of class members have objected to the terms of the settlement and the payment of attorneys’ fees to lead counsel, Hagens Berman Sobol Shapiro LLP. The objectors have appealed the district court’s approval of the settlement to the Ninth Circuit Court of Appeals. Under the governing case law, until the objections are resolved, we are unable to distribute the settlement funds to class members.

Hagens Berman believes that these objections are without merit. We are proud of the recovery on behalf of the indirect purchaser class, and believe that private class actions are an important counterbalance to the power of large corporations. This litigation sprawled many years, multiple continents, with millions of documents and dozens of depositions. Without joining together the claims of consumers, and allowing law firms to act on their behalf, there would be no recovery for the average consumer injured by such a coordinated and sophisticated cartel. We at Hagens Berman will continue to act on behalf of the class until the overcharges due to this cartel are returned to consumers.

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.