MPEG LA Wants Federal Complaint Against Toshiba Remanded to State Court

ATSC patent pool administrator MPEG LA wants its breach of contract complaint against Toshiba remanded to the New York State Supreme Court from which Toshiba removed it, MPEG LA said Thursday in its memorandum of law in U.S. District Court in Manhattan supporting its motion to remand the case. MPEG LA alleges Toshiba sold DTV sets without paying the proper ATSC royalties, the memorandum said. MPEG LA also accuses Toshiba of “unjust enrichment,” alleging Toshiba “benefited from portraying itself as having a pooled patent license with MPEG LA without properly compensating MPEG LA for this benefit,” it said. Toshiba removed the complaint to federal from state court in late May on “diversity jurisdiction” and other grounds that MPEG LA now considers “baseless,” it said. In court filings, Toshiba hasn’t addressed the allegations that it failed to pay the ATSC royalties it owes MPEG LA. Toshiba representatives didn’t comment.