Volume III

Issue : 17: October 6, 2005

• Bell Canada Wins Fight over Domain Name
• Court Upholds Jury Verdict of US$465 Million in Lexar and Toshiba Trade Secret Case Upheld
• Even After Forty Decisions the CIRAs "Confusingly Similar" Test is Still Unclear
• Credit Industry and Courts Respond to Online Fraud Cases
• Downloadable iPod Transit Maps Draw Legal Fire
• Complainant Loses Fight over Toro.ca
• U.S. Refuses to Give Up Control of Internet Governance

Home > Volume III > Issue 17: October 6, 2005 > Court Upholds Jury Verdict of US$465 Million in Lexar and Toshiba Trade Secret Case Upheld

Court Upholds Jury Verdict of US$465 Million in Lexar and Toshiba Trade Secret Case Upheld

Toshiba has failed to convince the Superior Court of California that a jury verdict awarding Lexar $465 million in damages (including $84M in punitive damages) is invalid. The award stems from an action for breach of fiduciary duty and trade secret theft, in which Lexar prevailed in March, 2005. Lexar claimed the award in the flash memory battle was the largest IP-related award in California history.

Toshiba argued that the jury verdict was only advisory and not determinative. Judge Jack Komar concluded that the jury's verdict is determinative of the issue of whether, and to what extent, Lexar is entitled to an award for unjust enrichment.

For additional information, visit:

http://news.com.com/2100-1004_3-5886865.html

http://www.lexar.com/litigation/