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Wednesday, February 15, 2006 8:19:22 AM
Wednesday February 15, 8:00 am ET
Commission to Determine Whether to Preclude Qualcomm from Importing RF & Baseband Cellular Products that Infringe Broadcom Patents
http://biz.yahoo.com/prnews/060215/nyw065.html?.v=41
WASHINGTON, D.C., Feb. 15 /PRNewswire-FirstCall/ -- Broadcom Corporation (Nasdaq: BRCM - News), a global leader in semiconductors for wired and wireless communications, announced the commencement today of the United States International Trade Commission (ITC) hearing regarding the alleged infringement of three Broadcom patents by Qualcomm Incorporated (Nasdaq: QCOM - News). Qualcomm products accused of infringing the Broadcom patents include baseband processor chips and transmitter/receiver (radio) chips and power control chips that comprise Qualcomm's core suite of multimedia, enhanced and convergence handset platforms.
The hearing, conducted before ITC Administrative Law Judge Charles E. Bullock, will determine whether Qualcomm has engaged in unfair trade practices by importing into the U.S. chips and chipsets that infringe one or more of the Broadcom patents.
Broadcom is seeking a permanent exclusion order that would bar the importation into the United States of infringing Qualcomm chips, as well as products, such as third party cellular handsets, that incorporate Qualcomm's infringing chips. Broadcom is also requesting a cease and desist order barring further sales of infringing products that have already been imported into the United States by Qualcomm.
The remedy phase of the ITC proceeding will be heard by Judge Bullock in July 2006, with the corresponding target date for completion of the ITC investigation set for December 2006. The ITC action is the first of several patent disputes between Broadcom and Qualcomm to go to trial. In February 2007 the U.S. District Court in Santa Ana, California is scheduled to try Broadcom's claims of alleged infringement of five additional Broadcom patents by Qualcomm. Additionally, Qualcomm and Broadcom have other, later-filed patent disputes pending in U.S. District Court in San Diego, California. Following conclusion of the ITC proceedings, Broadcom will also litigate in the Santa Ana District Court the three patents that are the subject of the current ITC hearing.
In total and to date, Broadcom has alleged that Qualcomm's baseband, RF and power management products infringe 18 different Broadcom patents. Broadcom currently has over 1,250 issued U.S. patents and over 3,600 patent applications pending.
Separately, Broadcom has filed an antitrust suit against Qualcomm that is pending in U.S. District Court in Trenton, New Jersey, and has joined five other mobile wireless technology companies in filing complaints in the European Commission alleging that Qualcomm has engaged in anticompetitive conduct in the licensing of its patents and the sale of its chipsets for mobile wireless devices and systems. The six companies allege that Qualcomm is violating EU competition law and failing to meet the commitments it made to international standard bodies to license its technology on fair, reasonable and non-discriminatory terms.
About Broadcom
Broadcom Corporation is a global leader in semiconductors for wired and wireless communications. Our products enable the delivery of voice, video, data and multimedia to and throughout the home, the office and the mobile environment. Broadcom provides the industry's broadest portfolio of state-of- the-art system-on-a-chip and software solutions to manufacturers of computing and networking equipment, digital entertainment and broadband access products, and mobile devices. These solutions support our core mission: Connecting everything®.
Broadcom, one of the world's largest fabless semiconductor companies with annual revenue of more than $2.5 billion, is headquartered in Irvine, Calif., and has offices and research facilities in North America, Asia and Europe. Broadcom may be contacted at 1-949-450-8700 or at http://www.broadcom.com .
Safe Harbor Statement under the Private Securities Litigation Reform Act
of 1995:
All statements included or incorporated by reference in this release, other than statements or characterizations of historical fact, are forward- looking statements. These forward-looking statements are based on our current expectations, estimates and projections about our industry and business, management's beliefs, and certain assumptions made by us, all of which are subject to change. Forward-looking statements can often be identified by words such as "anticipates," "expects," "intends," "plans," "predicts," "believes," "seeks," "estimates," "may," "will," "should," "would," "could," "potential," "continue," "ongoing," similar expressions, and variations or negatives of these words. These forward-looking statements are not guarantees of future results and are subject to risks, uncertainties and assumptions that could cause our actual results to differ materially and adversely from those expressed in any forward-looking statement.
Important factors that may cause such a difference for Broadcom include, but are not limited to, our ability to prevail in the federal lawsuits and United States International Trade Commission proceeding against Qualcomm; the ability of our patents to protect our intellectual property; our ability to enforce our intellectual property rights; and the risks associated with litigation in general, including the costs and time that must be devoted to litigation, the potential diversion of management's attention that may result from being engaged in litigation, and the possibility of adverse results. Our Annual Report on Form 10-K, subsequent Quarterly Reports on Form 10-Q, recent Current Reports on Form 8-K, and other Securities and Exchange Commission filings discuss the foregoing risks as well as other important risk factors that could contribute to such differences or otherwise affect our business, results of operations and financial condition. The forward-looking statements in this release speak only as of this date. We undertake no obligation to revise or update publicly any forward-looking statement for any reason.
Broadcom Business Press Contact
Bill Blanning
Vice President, Public Relations
949-926-5555
blanning@broadcom.com
Broadcom Financial Analyst Contact
T. Peter Andrew
Vice President, Investor Relations
949-926-5663
pandrew@broadcom.com
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Source: Broadcom Corporation; BRCM Corporate
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