The silver lining for Lexar is that Superior Court Judge Jack Komar found that Toshiba engaged in unfair or unlawful competition, a violation of California Business and Professions Code Section 17200.

Moreover, Lexar legal counsel suggested that Lexar could pursue customers who use Toshiba's Flash memory cards, which Lexar claims employ some of its technology.

This paves the way for Lexar's next legal barrage against Toshiba. A Lexar spokeswoman did not return calls seeking comment, but the company said in a statement it will pursue its outstanding patent infringement cases against its Flash memory rival.

Lexar won $465.4 million in legal and punitive damages from Toshiba in March after the court found that the Japanese tech giant breached fiduciary duty and stole trade secrets.

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