Recently it was reported that Toshiba’s Nand memory chips faced industrial cyber espionage threats and were leaked to the competitors. Japan declared its intentions to fight against growing incidences of industrial cyber espionage. Now it has been reported by Reuters that Toshiba and SanDisk have sued Hynix over suspected flash memory technology leak.
Toshiba and SanDisk separately filed civil lawsuits against South Korea’s SK Hynix Inc, seeking damages over the suspected theft of data related to their flagship flash memory chip technology used in smartphones and tablet computers. The moves follow the arrest by Tokyo police of a former SanDisk engineer suspected of improperly providing technical data to Hynix, where he later worked.
Toshiba filed the suit with the Tokyo District Court. It did not disclose how much it was seeking, but said it estimates losses of at least 100 billion yen ($980 million) as a result of the alleged leak. SanDisk said it filed its suit against Hynix and related entities in Santa Clara Superior Court, in California, seeking damages, an injunction and other remedies.
Meanwhile, Hynix declined to make any comments saying that it is not aware of any such litigation as it has not received information about such litigations.
These litigation matters are not easy to investigate and decide and good and effective e-discovery and cyber forensics methodologies would be required to be used to crack the case. Digital evidence needs to be properly preserved by parties to the dispute and destruction of the same would attract penal provisions under laws of different countries. Further, proper chain of custody (CoC) would also be required to be maintained by the investigators so that prosecutors can put their cases effectively and defence can defend the cases properly.