Toshiba receives interim judgment in flash memory patent infringement lawsuit against Powerchip et al. in Taiwan

Toshiba Corporation (“Toshiba”) brought a lawsuit with the Taiwan IP Court against Powerchip Technology Corporation (“Powerchip”), Zentel Electronics Corp. (“Zentel”), Powerflash Technology Corp. (“Powerflash”), and C.T.C Co., Ltd. (“C.T.C”) for infringement upon Toshiba’s Taiwan patents for NAND flash memory, and the Taiwan IP Court made an interim judgment in favor of Toshiba.

The interim judgment stated that claim 1, 3, 5, and 6 of Toshiba’s Taiwan patent No. 154717 “non-volatile semiconductor memory” and claim 7, 13, 15, 17, and 18 of its Taiwan patent No. I1238412 “semiconductor integrated circuit” (collectively “Toshiba’s subject patents”) should not be invalidated. 

Moreover, the IP Court confirmed that three of the NAND flash memory products sold by Zentel (Nos. A5U1GA31ATS-BC, A5U2GA31BTS-BC, and A5U4GA31ATS-BC) infringe upon Toshiba’s subject patents by falling into the scope of claim 1, 3, 5, and 6 of Toshiba’s Taiwan patent No. 154717 and claim 7, 13, 15, 17, and 18 of the Taiwan patent No. I1238412.  However, the other alleged infringing products are not confirmed to be falling into the scope of the claims identified above. 

Toshiba also asked the court to enjoin the manufacture and sale of the infringing products and also claimed damages against Powerchip and the other three companies.

The IP Court still needs to conduct further investigation and will conclude trial on the issues with respect to who are going to pay the damages and the amount of the damages awarded.  (November 2015)
/CCS