The case will be heard before Judge James V Selna. It's thought the case could also force other suppliers of CD-authoring solutions to respect Optima Technology's patent.
As previously reported, Optima Technology claims Roxio has infringed its patent for burning CDs. Optima wants the courts to issue an injunction against Roxio as well as unspecified damages, royalties and attorney fees. Optima warns that many other companies are infringing its patent.
The story stretches back to 1995, when the company developed software for burning images, music, video and data to CD. The technology was patented in 1997; that patent is known as a recordable CD-ROM accessing system, Reuters reports.
The company claims the industry standards from the Optical Storage Technology Association are also covered. It says any company using those standards is infringing its patent.
When the case was originally filed, Optima Technology's legal brief, Robert Lyon said: "Companies like Roxio, selling or using the software that Optima wrote, without a licence from Optima, shall be required to compensate them for their lost revenues. Optima believes almost every company in the CD burner industry may be infringing."
Roxio responded: "We are aware of the Optima patent and the claims within and believe that any claim of infringement by Roxio's software products is utterly without merit.
"At Roxio, we respect the legitimate intellectual property rights of others but in this instance there is no colourable argument that the claims set forth in the patent read on any Roxio products."
It presently appears that the case will go to court. Roxio said: "We intend to aggressively defend ourselves in this litigation."
A note accompanying the documents Macworld received purports to be from Optima's legal department. It says: "This was just approved for a court date set by the Federal Judge due to the overwhelming evidence against Roxio."
The courtroom battle between the two parties begins on April 19.