Business Standard

Toshiba sues Western Digital for $1.1 billion THE CHIP SAGA

- PAVEL ALPEYEV 28 June

Toshiba Corp sued Western Digital in a Japanese court, asking for 120 billion yen ($1.1 billion) in damages and seeking to stop the US company from interferin­g in the sale of its chip unit, escalating a legal tussle between the companies.

The litigation, filed Wednesday in Tokyo District Court, seeks to stop Western Digital from making ownership claims over the enterprise that Toshiba is trying to sell. The Japanese company stated that Western Digital’s employees improperly obtained proprietar­y informatio­n.

The relationsh­ip between Toshiba and Western Digital has gotten more acrimoniou­s, as Toshiba moves toward a sale of the flash-memory division. Last month, Western Digital invoked an arbitratio­n clause in their business agreement, seeking to block Toshiba’s transfer of ownership of the unit to a separate legal entity in preparatio­n for a sale. Toshiba, which has since reversed that transfer, then had its lawyers send a letter demanding that the US company stop its “harassment” as Toshiba tries to sell the business.

“Toshiba has made very clear that they want to move the process along without Western Digital’s obstructio­n, which, frankly, hasn’t been particular­ly constructi­ve,” said Damian Thong, an analyst at Macquarie Group. “This clearly highlights the deteriorat­ion of the relationsh­ip between the two partners.”

A representa­tive for Western Digital, which has said that Toshiba needs its consent to complete the sale, declined to comment. Toshiba shares declined 1.8 per cent at the close in Tokyo Wednesday. | | | Toshiba filed a litigation in Tokyo District Court against Western Digital for interferen­ce in sale of its chip unit Toshiba claims Western Digital employees improperly obtained proprietar­y informatio­n In May, Western Digital invoked an arbitratio­n clause, seeking to block Toshiba’s transfer of ownership of the unit to a separate legal entity in preparatio­n for a sale

The escalating stand-off between the companies over the chip sale could disrupt Toshiba’s plans to use cash from the divestment to plug a hole in its balance sheet from a massive loss in its nuclear power business.

Last week, Toshiba said a group led by the Innovation Network Corp of Japan, Bain Capital and other investors were the preferred bidders for the semiconduc­tor business, and that it’s aiming to reach final agreement and close the deal by March 2018. The consortium is offering 2.1 trillion yen ($19 billion) for the unit, people with knowledge of the matter have said.

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