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Rohde & Schwarz Test and Measurement Division under
new leadership
Litigation Against Western Digital Corporation
Effective July 1, 2017, Andreas Pauly,
who was previously Vice President Signal
Generators, Audio Analyzers and Power
Meters, has taken over as Executive Vice
President of the Test and Measurement
Division at Rohde & Schwarz. Consequently,
he was also appointed to the board of
directors.
Andreas Pauly, 47, succeeds Roland Steffen,
who will retire at the end of 2017. Until
that point in time, Mr. Steffen will support
his successor as he settles into his new
position. Roland Steffen has been with
Rohde & Schwarz for 40 years, 14 of which as Executive
TOKYO—Toshiba Corporation and Toshiba Memory
Corporation today filed a petition with the Tokyo District
Court against Western Digital Corporation, a U.S. company,
and its subsidiary Western Digital Technologies, Inc.
(collectively, “WD”) (NASDAQ: WDC), seeking a provisional
disposition order for an injunction against acts of unfair
competition, and also brought suit for a permanent
injunction, damages and payment of 120 billion yen,
alleging violation of the Unfair Competition Prevention Act,
among other things.
The lawsuit states, as detailed in Toshiba’s June 2, 2017
press release, “Update on Status of Third-party Investment
in the Memory Business,” that WD has continually interfered
with the bid process related to the sale of TMC.
Citing joint venture agreements between Toshiba and
SanDisk LLC (including its affiliates, “SanDisk”), the lawsuit
also says that WD has exaggerated its consent right –
in both public statements and private communications
to bidders and others involved in the sale process – in
order to interfere with the sale of TMC which does not
hold the ownership interests in joint venture companies
co-owned with SanDisk. The complaint goes on to state
that proceeding with the sales process for TMC does not
violate any consent rights held by WD; WD’s claims are
Vice President of the Test and Measurement
Division. During this time, he significantly
contributed to the development of the Test
and Measurement Division and created
the basis for its continuing success as the
strongest Rohde & Schwarz division.
Andreas Pauly joined Rohde & Schwarz in
1996 as a software engineer. In 2003, he
assumed his first managerial position in the
company and in 2015 he was appointed Vice
President Signal Generators, Audio Analyzers
and Power Meters. Mr. Pauly advanced the
expansion of the microwave product portfolio
and continued his business unit’s success story.
false, designed only to interfere with the sale process, and
have damaged Toshiba and TMC.
Toshiba and TMC have filed litigation in Japan because WD
has improperly obtained Toshiba and TMC’s trade secrets
by transferring employees of SanDisk to WD who have
access to confidential information of Toshiba and TMC
through their participation in the collaboration between
SanDisk and Toshiba/TMC.
Toshiba considers that WD’s actions are damaging to both
Toshiba and TMC, violate the Unfair Competition Prevention
Act (Article 2(1) (iv), (vii), (viii), (xv)), and are tortious acts
under the Civil Code (Article 709), Toshiba and TMC have
filed the petition for a provisional disposition order seeking
an injunction to put an end to WD’s damaging actions, and
a suit seeking permanent injunction and damages.
In addition to intentionally interfering with the TMC sale
process via its false claims, the suit says that Toshiba did
not object to WD access to information related to the joint
venture and development under the assumption that WD
will be entering into a contract in respect of information
access, however WD had rejected to such contract.
Accordingly, to prevent further damage to TMC, TMC
believes it has no choice but to block WD’s ability to access
such information, starting today.
Andreas Pauly
New-Tech Magazine Europe l 17