Decision on Western Digital's Bid to Block Toshiba Memory Unit Sale Postponed

Advertisement
By Reuters | Updated: 17 July 2017 11:01 IST

A US judge did not reach a decision Friday in Western Digital's bid to temporarily block Toshiba from selling its flash memory business in an $18 billion deal but proposed requiring Toshiba to give Western Digital two weeks' notice before closing.

Toshiba is scrambling to sell its flash memory unit to cover losses from its nuclear reactor business.

In late June, Toshiba announced its preferred bidder was a group made up of Bain Capital, South Korean chip maker SK Hynix and Japanese-government backed banks that offered $18 billion (roughly Rs. 1,15,843 crores).

Advertisement

Western Digital, which is also bidding, sued Toshiba in San Francisco County Superior Court in mid-June, saying it believed a joint venture with Toshiba means Toshiba needs its consent to sell the flash business.

Advertisement

Western Digital's joint venture with Toshiba helps finance equipment at Toshiba's plants in exchange for some of their output.

Western Digital Gets US Court Order to Access Toshiba Databases, Chip Samples

Separately from the California lawsuit, Western Digital is also contesting its consent rights in an international arbitration tribunal. Western Digital filed its lawsuit in San Francisco to prevent Toshiba from closing the sale of its memory unit before arbitration has a chance to play out.

Advertisement

At the hearing, Judge Kahn proposed requiring Toshiba to give Western Digital two weeks notice if it believed it would close the sale before the arbitration finished.

Toshiba's attorney said they were concerned about agreeing to be bound by the San Francisco court's jurisdiction. Toshiba has argued that because it is a Japanese company and the deal is taking place mostly in Japan, the court should not have jurisdiction.

Advertisement

Attorneys for Western Digital subsidiary SanDisk, which is formally party to the case, expressed concern that any order in which Toshiba did not agree to the court's jurisdiction would not be enforceable.

The two sides could not agree, so Judge Kahn instructed them to come up with final language for his proposed order and set a new hearing for July 28, when a related dispute between the two will be heard.

In a statement, Western Digital CEO Steve Milligan called the proposed order and postponement a "victory."

"Our entire goal was to preserve and protect our rights through the binding arbitration process, and that's precisely what the court has done today," Milligan said.

Toshiba called Judge Kahn's proposed order "a 'finessed' alternative to issuing a preliminary injunction" and confirmed it agreed not to close a sale before July 28.

© Thomson Reuters 2017

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Advertisement

Related Stories

Popular Mobile Brands
  1. Oppo Reno 15 Pro Mini India Launch and Key Specifications Tipped Online
  1. Electricity-Driven Nitrogen Insertion Opens a Sustainable Path to Drug-Ready Heterocycles
  2. 90s - A Middle Class Biopic Out on OTT: Know Where to Watch This Telugu Drama Series
  3. Ek Deewane Ki Deewaniyat OTT Release Date: When and Where to Watch it Online?
  4. OnePlus 15T Display, Camera, and More Details Leaked Online
  5. Industry OTT Release Date: When and Where to Watch it Online?
  6. Human Specimens Now Streaming on Prime Video: A Chilling Japanese Mystery You Shouldn’t Miss
  7. Santhana Prapthirasthu Now Streaming on Prime Video and JioHotstar: What You Need to Know
  8. Oppo Reno 15 Pro Mini India Launch and Key Specifications Tipped Online
  9. Samsung Galaxy Z Flip 8 Tipped to Feature Newly-Launched Exynos 2600 SoC
  10. Dawood Now Streaming Online: A Crime Comedy Thriller with Twists, Chaos, and Dark Humour
Gadgets 360 is available in
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2025. All rights reserved.