Favorable Settlement Obtained for Roxio
PALO ALTO, CA - A McDermott Will & Emery intellectual property litigation team, based in the Firm's Silicon Valley office, successfully obtained a favorable settlement for Firm client, Roxio, Inc. The Firm represented Roxio, the party in interest and the indemnitor of the named defendant, Adaptec, Inc. in Caffarelli v. Adaptec, Inc., a suit heard before the Santa Clara County Superior Court.
Adaptec was sued by three former shareholders of Incat, Inc., a company Adaptec acquired in 1995. The plaintiffs claimed that Adaptec did not pay the plaintiffs what they were owed under the earn-out provision of the acquisition agreement based on Adaptec's sales of CD recording software products. The plaintiffs were seeking an award of nearly $11 million, and the dispute was resolved for a significantly smaller amount.
The Firm's Silicon Valley-based IP litigation team was headed by Anthony de Alcuaz, partner-in-charge of the Silicon Valley office. McDermott served as lead trial counsel, with assistance from co-counsel at O'Melveny & Meyers.
Roxio, Inc. (NASDAQ: ROXI) provides digital media software, including award-winning software products for CD/DVD burning, photo editing and video editing. Roxio's family of products includes Easy CD Creator® (Windows) and Toast® (Macintosh) for CD/DVD burning, PhotoSuite® for digital photography, and VideoWave® for digital video. Roxio, headquartered in Santa Clara, California, maintains offices in Minnesota, Canada, United Kingdom, Netherlands, Germany and Japan, and currently employs more than 400 people worldwide.
