Replies to post #99401 on InterDigital Inc (IDCC)

[lastchoice]

sometimes i feel like i've been tied to the whipping post...

and good lord i feel like i'm dying.

[laranger]

Dear Panel.

You have the power, the experience, and the knowledge to handle the IDCC/NOK arbitration.

We will give you 6 months to finalize the Terms of Reference, examine evidence, hold hearings, and make a final decision on an Award.

After you send your decision to us for review, we will not second-guess your decision. However, we will take three months to decide whether you made any typos.

Sincerely,

Paris

[Learning2vest]

Looks like Lexar went after Toshiba in the local area county courts on one set of charges, and at the same time they are going after them in the federal courts for patent infringement(note the bolded items below).

Hmmm....... Maybe InterDigital needs to initiate something vs Nokia in the West Pa area courts. (Oso, you ready to suit up and plead for the cause?)

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Jury Rules Against Toshiba in Dispute

Wednesday March 23, 11:18 PM EST

SAN JOSE, Calif., Mar 23, 2005 (AP Online via COMTEX) -- Toshiba Corp. and a subsidiary were ordered Wednesday to pay Lexar Media Inc. more than $380 million in damages for pursuing a flash memory development deal with Lexar while secretly planning to partner with a rival.

A Santa Clara County jury found Toshiba liable for a breach of fiduciary duty and theft of trade secrets related to the memory technology used in digital cameras, music players and other gadgets. Starting Thursday, the panel will consider punitive damages.

In the lawsuit first filed in 2002, Lexar claimed its secrets were misappropriated when then-partner Toshiba entered into a deal with SanDisk, another memory chip maker and Lexar's biggest competitor. At the time, Toshiba had a representative on Lexar's board.

"This verdict validates Lexar's core intellectual property and contributions to the flash memory industry," said Eric Whitaker, Lexar's general counsel. "It holds Toshiba accountable for its conduct - building Lexar's trust to acquire our technology and then betraying that trust to partner with our competitor and compete against us."

Toshiba spokesman Keisuke Omori declined to comment on the jury's decision, citing the ongoing litigation.

"It sends a clear message to Toshiba that this type of corporate conduct will not be tolerated - as a strategic partner and board member, Toshiba was required to act with the utmost good faith and fell far short of that standard," Whitaker said.

Lexar, which is also pursuing patent infringement claims in federal court, intends to seek an injunction that would bar the sale of Toshiba products in the United States, according to a Lexar statement. A hearing on post-trial motions is scheduled for April 13.