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Western Digital Gets US Court Order To Access Toshiba Databases, Chip Samples (reuters.com)

Western Digital won a temporary U.S. court order on Tuesday saying that Toshiba must allow Western Digital's employees to access databases and chip samples as part of a joint venture with Toshiba around flash memory chip plants in Japan. Reuters reports: Toshiba is scrambling to sell its flash memory business and Western Digital is among the bidders. In a sign of high tensions around the deal, Toshiba threatened to lock Western Digital out of shared databases and quit sending chip samples. Western Digital sued Toshiba in San Francisco County Superior Court saying that its joint venture with Toshiba means Toshiba must get its consent for a sale. It asked the court for two separate orders: An injunction to stop the sale, and a temporary restraining order forcing Toshiba to give its workers access to shared databases. A judge granted the temporary order for access to the shared databases Tuesday and set a further hearing on July 28.

12 comments

  1. Who's a big gay baby? by Anonymous Coward · · Score: 0

    Beauhd is!

  2. "Toshiba is scrambling to sell..." by turkeydance · · Score: 1

    everything they can.

  3. Oh Toshiba, Toshiba, Toshiba by ArhcAngel · · Score: 2

    I remember when HP bought Compaq oh so many years ago. HP found out Toshiba was charging HP more for the same HDD than they were Compaq. Fun times.

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    1. Re: Oh Toshiba, Toshiba, Toshiba by intellitech · · Score: 1

      Welcome to the world of OEM contracts.

      They'll try to get as much out of you as possible.

      --
      vos nescitis quicquam, nec cogitatis quia expedit nobis ut unus moriatur homo pro populo et non tota gens pereat.
  4. When did California get jurisdiction in Japan? by Anonymous Coward · · Score: 0

    How does an order from a state court force a Japanese company to share information and product samples from its manufacturing facility located in Japan? It is strange that WD didn't sue in federal court, instead it was in the court of a county that neither WD or Toshiba's American subsidiary reside. WD is headquartered in San Jose (Santa Clara County) and Toshiba is located in Irvine (Orange County), although it also has an office in San Jose.

    1. Re:When did California get jurisdiction in Japan? by AHuxley · · Score: 1

      Doing things in the US opened the way for legal access to the US gov/mil spending.
      The deals got made to stop an emerging Japan from selling quality low cost super computer systems and support into the USA.
      Japan would support its brands domestically and export around the world.
      Super computer sales was something the US was not going to just give up in an open and free market place.
      The US also wanted total access into Japan for its computer and OS products.
      Japan was offering a lower cost product, offered good support and other nations liked what was been exported for the price.
      A super computer from Japan was just super enough for most nations at the price.
      The 1980's had its chip dumping headlines and what the US was going to do about it to protect its own OS and hardware exports.
      Nothing was going to be allowed to remove profits from the generational US semiconductor industry.
      The Super 301 negotiations followed.

      --
      Domestic spying is now "Benign Information Gathering"
  5. Huh? by Anonymous Coward · · Score: 0

    Hold it... who is buying Toshiba? The summary makes it sound like WD is suing Toshiba to stop the sale ... to WD. And if WD is buying Toshiba, won't they own these "shared databases" (which is a completely confusing if Toshiba is refusing to SHARE them) if/when the same goes through.

    This summary is about as clear as mud.

    1. Re:Huh? by cheesybagel · · Score: 1

      You can read these articles to get the full picture of the Toshiba deal (why it matters and how it happened):
      http://www.eetimes.com/documen...
      http://www.eetimes.com/documen...
      http://www.eetimes.com/documen...

    2. Re:Huh? by cheesybagel · · Score: 3, Informative

      In short, WD and Toshiba had a joint venture on NAND Flash (Toshiba designed and manufactured the chips, while Western Digital packaged them and sold them inside SSDs). Toshiba's main parent is having financial issues because of unexpected losses in its nuclear reactor division (because of a botched up acquisition of Westinghouse which included a construction company which was hiding massive losses). Western Digital bid too low. The Japanese government wants Japanese investors to step up and buy the company. Other companies in the bidding included Hon Hai (i.e. Foxconn China), and Broadcom. WD allegedly sued because they want to make sure when the NAND Flash division is spun off and sold they retain rights they had under the joint venture.

  6. This is what you get for approaching by Anonymous Coward · · Score: 1

    American companies. They will try to take as much as they can, and their courts will take their side in every matter and fuck you in the ass if they can. Lesson to be learned: do not do business with American companies. Go to Europe or Asia instead.

    1. Re: This is what you get for approaching by Anonymous Coward · · Score: 0

      How dare WD expect Toshiba to honor their agreement of co-ownership of a factory ran by Toshiba. It must be because they're Americans, because to other countries, agreements with million plus dollars exchanged the agreements are just toilet-paper when inconvenient.