Calif. Jury Hands Lexar $380 Million in Trade Secrets Suit

A Santa Clara County Superior Court jury on Wednesday awarded Lexar Media Inc. $380 million in its suit against Toshiba Corp. for trade secrets theft and breach of fiduciary duty. Fremont, Calif.-based Lexar, which manufactures flash memory cards, claimed that Toshiba shared Lexar's confidential business plans with competitor SanDisk Corp. Toshiba had invested in Lexar and had a seat on its board.

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A Santa Clara County Superior Court jury on Wednesday awarded Lexar Media Inc. $380 million in its suit against Toshiba Corp. for trade secrets theft and breach of fiduciary duty. The jury is to determine the amount of punitive damages Thursday. At trial Lexar had asked for more than $1 billion in damages. Fremont, Calif.-based Lexar, which manufactures flash memory cards, claimed that Toshiba shared Lexar’s confidential business plans with its competitor SanDisk Corp. Toshiba had invested in Lexar and had a seat on its board. “This verdict validates Lexar’s core intellectual property and contributions to the flash memory industry,” Lexar General Counsel Eric Whitaker said in a statement. “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.” Matthew Powers, a partner in Weil, Gotshal & Manges’ Redwood Shores, Calif., office, represented Lexar. Morrison & Foerster partner Michael Jacobs represented Toshiba. The case is before Judge Jack Komar in San Jose.

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