A&P claims that an AAA arbitrator "exceeded his powers and engaged in prejudicial misconduct" by levying the massive award as a punitive sanction in Western Digital's long-running trade secrets war with rival hard drive maker Seagate Technology.

After two reversals in less than a year, the lawyers in a big-money trade secrets fight between rival hard drive makers Seagate Technology LLC and Western Digital Corp. must be getting positively dizzy by now. And if Western Digital gets its way, the companies' fortunes may take yet another turn.

The defense winning streak we told you about last week continues, but one plaintiffs lawyer told us he'll keep trying smoker suits. "If we win one out of ten, we're doing okay," he said. "And we'll win one out of ten."