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© western digital Business | October 11, 2017

Western Digital hits back at some of Toshiba's claims

The company has seen what it believes to de series of inaccurate statements and mischaracterizations regarding Western Digital, SanDisk, the NAND flash-memory JV’s, and has decided to set the record straight.
Western Digital Corp has posted a set of questions and answers to provide clarity and transparency on key topics associated with the SanDisk joint ventures with Toshiba and to correct inaccuracies and misconceptions.

The company maintains that the NAND flash memory produced through the JVs utilizes SanDisk’s patented technologies. WDC also says that SanDisk has more than 4’000 US flash-related patents, about twice the number of TMC’s US patents.

To the question of what would prevent Toshiba from taking their IP outside of the JV, combining it with Bain and/or other third-party IP, and starting another JV WDC responded with; “Toshiba is contractually prohibited from working with other companies to manufacture BiCS or other NAND flash memory being developed or manufactured in the SanDisk-Toshiba Jvs.”

WDC also says that Toshiba can’t manufacture NAND in Fab 6 without SanDisk's participation, this as Toshiba does not have the right to make the unilateral investments in Fab 6 equipment, which it announced in August.

At the time of writing this Western Digital says its has not been in contact with Bain Capital.
If you feel like taking a deep dive into the questions and answers document click here.

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October 16 2017 2:56 PM V8.8.6-2