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Western Digital Fined Over $310 Million for Patent Infringement

 


In a landmark case, data storage major Western Digital has been asked to pay the highest fine of $315.7 million for violating patents associated with data encryption technology. SPEX Technologies owns these patents, having acquired them from Spyrus that developed the encryption technology. These technologies are used in older storage devices like PCMCIA and Compact Flash cards.

The jury concluded that many of Western Digital's self-encrypting storage devices infringed on these patents, which led to the hefty damages awarded. The case has been ongoing since 2016 when SPEX first sued Western Digital for using its patented technology without permission. Patents US6088802A and US6003135A, together at the heart of this case, dealt with the only plausible data encryption methods allowing secure operation of the peripherals and the host without compromising the security of the data.

Patents at the Heart of Controversy

The patents involved here deal with filed inventions in 1997 related to the protection of communication or interaction based on data in external storage that connects to computers. They have been applied in ancient standards, including PCMCIA and Compact Flash cards. Despite their patents having expired in 2017, they filed the lawsuits prior to expiration, so the case is technically valid. These patents are crafted specifically to allow encryption processes meant to safeguard the data, especially during the transfer from a peripheral device to a host computer.

Western Digital Response

Western Digital has strongly protested the allegations and clarified that it did not violate any patents. The company issued a dissent and said it would appeal after the jury verdict. Western Digital will file post-trial motions to challenge the verdict and will seek an appeal at higher courts if there is an unfavourable outcome.

This patent-related issue is not the first that Western Digital Corp. has faced. The company was recently held liable by the same court, a few months back, for violating patents on increasing capacity in hard drives. Because of this, the court ordered Western Digital to pay over $262 million in damages.

 An Ongoing Dispute

This is one more protracted case in the judicial branch that has been taking years. SPEX Technologies sued Western Digital, and as this case continues, it reminds the industry that intellectual property still is the epicentre of technology, even though the older technology has evolved with time and in its effect has shown its influence on newer technologies developed into the future. The case reminds the world of one of the financial risks that companies face when patent disputes and intellectual property rights issues happen.

The two judgments already passed against Western Digital are substantial and have placed the spotlight on its real legal and financial challenges in protecting its technology and the costs of such lawsuits. A decision in the appeals will tell whether this technology will be returned to Western Digital, or it will have to pay the announced fines.

In the meantime, this case serves as a cautionary tale for other tech companies, especially by ensuring that they remain vigilant about patent rights whenever legacy technologies are still intact and protected by law. 

Future Implications

This may bring tighter scrutiny of intellectual property and a re-examination on the part of companies of the technology that's being used in their products, even if it seems outdated. This case is being watched closely by the tech community as it may set a precedent for future litigation involving expired patents and the fast-changing world of data security.

Western Digital's troubles are far from over because it will currently have to navigate its appeal, manage its reputation, and continue operations. Sure enough, this case will command close attention in the tech industry and speak to all who operate from this new platform within patent law and data encryption technologies.


Poland Pushes for Shorter Drug Data Protection in EU

 


At a recent EU meeting in Luxembourg, Poland supported a European Commission proposal to shorten the time new drugs are protected by data exclusivity rules. Health Minister Izabela Leszczyna said Poland prefers one year of market protection over longer periods of data protection.

In April 2023, the European Commission suggested reducing the data exclusivity period for drugs from eight to six years. Minister Leszczyna agreed, saying this would help people access new treatments more quickly without adding extra paperwork. She also proposed one year of market protection for new uses of existing drugs instead of extending data protection.

Balancing Incentives and Access

Minister Leszczyna emphasised that Poland supports measures to ensure all EU countries have access to modern treatments. She suggested that incentives should focus on market protection and not last longer than a year. For drugs treating rare diseases, extending protection could be considered, but for other drugs, different solutions should be found.

Challenges in Generic Drug Production 

Krzysztof Kopeć, President of the Polish Association of Pharmaceutical Industry Employers, highlighted issues with drug shortages, especially for generic drugs. He explained that producing drugs in Europe is becoming less profitable, leading to shortages. Although the European Commission wants to boost drug production in Europe, current regulations do not support this, and production costs are higher in Europe than in Asia.

Concerns from Innovative Drug Companies

Innovative drug companies argue that changing existing intellectual property rules is not the answer to drug access problems. They believe the current rules should continue to support innovation and ensure EU patients can access new treatments. Michał Byliniak, General Director of INFARMA, stressed the need for EU reforms to improve drug supply security, availability, and affordability while also supporting new drug development.

INFARMA is discussing potential risks of shorter protection periods with the Ministry of Health and other stakeholders. They warn that reducing protection could limit access to advanced treatments. INFARMA supports keeping current data protection levels and creating incentives to promote innovation, address unmet medical needs, and encourage research in the EU.

Poland's support for a shorter data exclusivity period shows its commitment to balancing access to new treatments, innovation, and economic realities in the EU drug industry. As discussions continue, the goal remains to create rules that ensure safe, effective, and affordable medicines are available to everyone in Europe.