Lexar Files ITC Complaint Against Toshiba
April 11 2006 - 6:54PM
Business Wire
Lexar Media, Inc. (Nasdaq:LEXR), a world leader in advanced digital
media technologies, today officially filed a formal complaint with
the International Trade Commission (ITC) against Toshiba
Corporation, Toshiba America, Inc., and Toshiba America Electronic
Components, Inc. seeking to halt the infringement of Lexar's
intellectual property rights. In this complaint, Lexar asserts that
Toshiba's chips and flash cards, including among others, Toshiba's
16-gigabit multi-level cell NAND flash chips, Toshiba's 8-gigabit
single level cell and multi-level cell NAND flash chips, Toshiba's
4-gigabit multi-level cell NAND flash chips and Toshiba's 1-gigabit
single level cell NAND flash chips, infringe Lexar's United States
Patent Nos. 6,801,979; 6,397,314; and 6,978,342. With this filing,
Lexar requests that the ITC institute an immediate investigation
against Toshiba based on the importation of the infringing NAND
flash chips and flash cards. While the ITC can not assess damages
against an infringer, it can issue an exclusion order prohibiting
the importation of infringing technology. Lexar has asked the ITC
to grant all possible relief, including an exclusionary order,
enforceable by U.S. Customs, prohibiting the importation into the
United States of Toshiba's chips and cards as well as products that
contain Toshiba's NAND chips. Further, Lexar has asked the ITC to
issue a cease-and-desist order which could require retailers and
distributors to remove from their shelves and destroy all products
containing Toshiba's infringing NAND chips. If the complaint is
accepted by the ITC, the ITC will institute a formal Section 337
investigation within 30 days. Certain of the patented technology at
issue in this complaint is related to the technology that a jury,
after a six-week trial in March 2005, found that Toshiba had
misappropriated from Lexar. That case is now on appeal. The ITC is
a federal agency that provides objective trade expertise to both
the legislative and executive branches of government, determines
the impact of imports on U.S. industries and directs actions
against certain unfair trade practices, such as patent, trademark
and copyright infringement. About Lexar Media, Inc. Lexar is a
leading marketer and manufacturer of NAND flash memory products
including memory cards, USB flash drives, card readers and ATA
controller technology for the digital photography, consumer
electronics, industrial and communications markets. The company
holds over 97 issued or allowed controller and system patents, and
licenses its technology to companies including Olympus Corporation,
Samsung Electronics Co., Ltd., SanDisk Corporation and Sony
Corporation. Lexar sells its memory cards worldwide and through an
exclusive agreement, also sells memory cards under the Kodak brand.
Headquartered in Fremont, California, Lexar has operations in
countries around the world. More information is available at
www.lexar.com. Cautionary Note Regarding Forward-Looking Statements
This release contains forward-looking statements, which are subject
to the safe harbor provisions of the Private Litigation Reform Act
of 1995. These statements include statements related to the
anticipated timing and outcome of the ITC action. These
forward-looking statements involve risks and uncertainties that
could cause Lexar's actual results to differ materially from those
anticipated by these forward-looking statements. These risks
include that the outcome of any government proceeding or litigation
can be subject to a number of uncertainties, including whether such
matters are resolved with a favorable outcome in a timely fashion;
and that Lexar may become involved in additional government
proceedings or litigation that could divert management's time and
attention, be time-consuming and expensive to defend and limit
Lexar's access to important technology, which could have a negative
impact on Lexar's business, operating results, financial position
and liquidity and the market price of Lexar's stock could decline.
Readers should also refer to the risk factors described in Lexar's
filings with the SEC, including Lexar's most recently filed Form
10-K and Form 10-Q. Lexar assumes no obligation to update the
information in this release. Lexar and the Lexar logo are
trademarks of Lexar Media, Inc. All other brand or product names
are trademarks or registered trademarks of their respective
holders.
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