ITC Commences Investigation of Qualcomm Based on Allegations of Unfair Trade Practices and Infringement of Broadcom Patents
Broadcom, in a complaint filed with the ITC on May 19, 2005, is seeking a permanent exclusion order to bar the importation into the United States of those devices, as well as products that incorporate Qualcomm's infringing products. Additionally, Broadcom's complaint requests a cease and desist order to bar further sales of infringing products that have already been imported into the United States by Qualcomm.
The case has been referred to ITC Administrative Law Judge Charles E. Bullock, who will schedule and hold an evidentiary hearing and then make an initial determination, which is expected to issue early next year. The ITC is likely to hand down its final determination in the second half of 2006. If the ITC ultimately agrees to enter an exclusion order, Qualcomm's infringing products would be barred from importation into the United States.
In addition to the complaint filed with the ITC, Broadcom filed two lawsuits against Qualcomm last month in the U.S. District Court for the Central District of California alleging that the San Diego-based company infringes 10 Broadcom patents related to wired and wireless communications and multimedia processing technologies.
About Broadcom
Broadcom Corporation is a global leader in wired and wireless broadband communications semiconductors. Our products enable the convergence of high-speed data, high definition video, voice and audio at home, in the office and on the go. Broadcom provides manufacturers of computing and networking equipment, digital entertainment and broadband access products, and mobile devices with the industry's broadest portfolio of state-of-the-art system-on-a-chip and software solutions. These solutions support our core mission: Connecting everything®.
Broadcom is one of the world's largest fabless semiconductor companies, with annual revenue of more than $2 billion. The company is headquartered in Irvine, Calif., with 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 United States International Trade Commission proceeding and federal lawsuits 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, expenditures and time that must be devoted to litigation as well as the potential diversion of management's attention that may result from being engaged in litigation. 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®, the pulse logo, Connecting everything® and the Connecting everything logo are among the trademarks of Broadcom Corporation and/or its affiliates in the United States, certain other countries and/or the EU. QUALCOMM® is a trademark of Qualcomm Incorporated. Any other trademarks or trade names mentioned are the property of their respective owners.
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