Disk Maker Sues Iomega -2: Iomega Says Suit 'Unfounded'
ROY, Utah (Dow Jones)--French disk maker Nomai S.A. and its U.S. unit, Nomus Inc., filed suit against Iomega Corp. (IOM) seeking declaratory relief, including the invalidation of certain patents issued to Iomega.
As reported Sept. 30, Iomega filed suit against Nomai in Paris alleging unfair competition and copyright violations. Iomega's suit centers on Nomai's XHD 100 MB Super Floppy diskette currently being sold in France, which Nomai claims is compatible with Iomega's Zip drive.
Naomi's request for declaratory relief is "unfounded and should be denied by the court," Iomega said in a Friday press release. Iomega said it continues "to be committed to vigorously enforcing our intellectual property rights."
Naomi filed against Iomega in the U.S. District Court for the Northern District of California. Nomai is seeking a declaratory judgment of non-infringement and invalidity of certain U.S. patents issued to Iomega, a declaratory judgment noninfringement of trade dress, trademark and copyright, and non-unfair competition and non-misappropriation of trade secrets. Nomus also claims to have offered the Nomai XHD disks for sale in the U.S.
Iomega said continuing testing of the Nomai disk product, commercially available in France, has shown that the disk is not fully compatible with the Iomega Zip drive and Iomega's Zip Tools software. Iomega also alleges the Nomai disk has the potential to damage Iomega Zip drives.
Iomega provides personal computer storage products.
"Dow Jones News Service"
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