Wednesday, June 28th 2017

Toshiba Files Lawsuit Against Western Digital Corporation

Toshiba Corporation (TOKYO:6502) and Toshiba Memory Corporation ("TMC") today filed a petition with the Tokyo District Court against Western Digital Corporation, a U.S. company, and its subsidiary Western Digital Technologies, Inc. (collectively, "WD") (NASDAQ: WDC), seeking a provisional disposition order for an injunction against acts of unfair competition, and also brought suit for a permanent injunction, damages and payment of 120 billion yen, alleging violation of the Unfair Competition Prevention Act, among other things.

The lawsuit states, as detailed in Toshiba's June 2, 2017 press release, "Update on Status of Third-party Investment in the Memory Business," that WD has continually interfered with the bid process related to the sale of TMC.

Citing joint venture agreements between Toshiba and SanDisk LLC (including its affiliates, "SanDisk"), the lawsuit also says that WD has exaggerated its consent right - in both public statements and private communications to bidders and others involved in the sale process - in order to interfere with the sale of TMC which does not hold the ownership interests in joint venture companies co-owned with SanDisk. The complaint goes on to state that proceeding with the sales process for TMC does not violate any consent rights held by WD; WD's claims are false, designed only to interfere with the sale process, and have damaged Toshiba and TMC.

Toshiba and TMC have filed litigation in Japan because WD has improperly obtained Toshiba and TMC's trade secrets by transferring employees of SanDisk to WD who have access to confidential information of Toshiba and TMC through their participation in the collaboration between SanDisk and Toshiba/TMC.

Toshiba considers that WD's actions are damaging to both Toshiba and TMC, violate the Unfair Competition Prevention Act (Article 2(1) (iv), (vii), (viii), (xv)), and are tortious acts under the Civil Code (Article 709). Toshiba and TMC have filed the petition for a provisional disposition order seeking an injunction to put an end to WD's damaging actions, and a suit seeking permanent injunction and damages.

In addition to intentionally interfering with the TMC sale process via its false claims, the suit says that Toshiba did not object to WD access to information related to the joint venture and development under the assumption that WD will be entering into a contract in respect of information access, however WD had rejected to such contract. Accordingly, to prevent further damage to TMC, TMC believes it has no choice but to block WD's ability to access such information, starting today.
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7 Comments on Toshiba Files Lawsuit Against Western Digital Corporation

#1
_JP_
Is it one of those court cases where Toshiba will only win of they can prove WD is profiting on a product that has used some form of a patented tech without either credit or royalties, right?
Posted on Reply
#2
R0H1T
"_JP_ said:
Is it one of those court cases where Toshiba will only win of they can prove WD is profiting on a product that has used some form of a patented tech without either credit or royalties, right?
No, but seeing how many of these lawsuits go in the home companies' favor (viz Apple in the US or Samsung in Korea) I'm inclined to believe that Toshiba might just win this, obviously if they can prove the allegations.
Posted on Reply
#3
Prima.Vera
"R0H1T said:
No, but seeing how many of these lawsuits go in the home companies' favor (viz Apple in the US or Samsung in Korea) I'm inclined to believe that Toshiba might just win this, obviously if they can prove the allegations.
They will win by default in Japan. In East Asian countries is part of the culture that the local is always right ;) So WDD can counter-sue in US only.
Posted on Reply
#4
rtwjunkie
PC Gaming Enthusiast
It seems to me, Toshiba had a long period to bring these issues up when WD filed to acquire SanDisk, and try to delay the process until worked out...if there was an actual issue.

To me, waiting until the merger/acquisition completed (which was a long process) seems like nothing but a money grab, since there is more money to sue for now.
Posted on Reply
#5
R0H1T
"rtwjunkie said:
It seems to me, Toshiba had a long period to bring these issues up when WD filed to acquire SanDisk, and try to delay the process until worked out...if there was an actual issue.

To me, waiting until the merger/acquisition completed (which was a long process) seems like nothing but a money grab, since there is more money to sue for now.
This isn;t the same issue AFAIK, apparently WDC is being a **** with the recent acquisition of Toshiba's memory business by INCJ.
Posted on Reply
#6
rtwjunkie
PC Gaming Enthusiast
"R0H1T said:
This isn;t the same issue AFAIK, apparently WDC is being a **** with the recent acquisition of Toshiba's memory business by INCJ.
No, as I understand it, Toshiba is complaining about the amount of knowledge of TMC that WD acquired, bc Toshiba is so poorly run they couldn't anticipate that of course WD would be acquiring those employees as well in the acquisition.

Edit: keep in mind, the filing byWD was almost a year prior. Toshiba had plenty of time to address this possible issue ahead of time and make sure it didn't happen.
Posted on Reply
#7
cornemuse
Toshiba shoulda required Sandisk employees to commit seppuku upon WD's acquisition!
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