Toshiba files action against Hynix

Toshiba has filed suit against Hynix Semiconductor in Japan and the United States for what it claims is infringement of its semiconductor memory patents.

In Japan, Toshiba filed suit against Hynix Semiconductor Japan for infringement of Toshiba’s NAND flash memory patents in the Tokyo District Court. Toshiba’s suit in Tokyo seeks damages against Hynix’s infringement of three NAND-related patents, and an injunction against infringing products.

In the US, Toshiba filed suit against Hynix Semiconductor and its US subsidiaries for infringement of Toshiba’s DRAM and NAND flash memory patents in the Northern District of Texas Court. The suit seeks damages for infringement of seven Toshiba patents, three related to DRAM and four to NAND, and an injunction against infringing products.

Toshiba and Hynix entered into a patent cross-licensing agreement in August 1996 that included semiconductor products. The companies started negotiation of an extension of the agreement prior to its December 31, 2002 expiration, in which Toshiba sought to secure a reasonable fee for access to its patents.

Toshiba says that failure to reach a satisfactory conclusion left it with no alternative other than to pursue legal recourse.