Lexar Media (NASDAQ:LEXR)
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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.