ODS Optical Disc Service GmbH v. Toshiba Corp.

Order and judgment (one paper), Supreme Court, New York County (Kibble F. Payne, J.), entered December 5, 2006, disqualifying respondent Toshiba’s law firm, unanimously reversed, on the law, without costs, the petition denied and the proceeding dismissed.

The underlying arbitration dispute concerns petitioner’s nonpayment of royalties to a DVD patent licensing pool authorized by a Department of Justice preclearance in accordance with a letter request from respondent’s attorney. Petitioner’s defenses are that its licensing agreement violates the antitrust laws and was breached by respondent’s…