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Dispute Remains as to Qualcomm's Anticompetitive Conduct
IRVINE, Calif., Sept. 1 /PRNewswire-FirstCall/ -- Broadcom Corporation announced today that it plans to continue to pursue U.S. federal antitrust claims against Qualcomm Incorporated in response to the dismissal without prejudice of Broadcom's federal antitrust lawsuit by a U.S. District Court in New Jersey.
(Logo: http://www.newscom.com/cgi-bin/prnh/20060609/BROADCOMLOGO )
"Qualcomm should take little comfort in the court's decision," said David A. Dull, Broadcom's Sr. Vice President, Business Affairs, and General Counsel. "The decision does not find that Qualcomm's alleged misconduct was lawful or that Qualcomm honored its promises to standards setting bodies. Rather, Judge Mary Cooper simply held that Qualcomm's alleged abuse does not give rise to federal antitrust liability."
The judge expressly granted Broadcom the right to file an amended complaint for Qualcomm's alleged misconduct.
Broadcom believes Judge Cooper's decision is directly at odds with established precedent and, particularly, the Federal Trade Commission's recent decision in the Rambus Inc. case. Broadcom is evaluating its next legal steps in the New Jersey action, which could include moving for reconsideration by the court, appealing the decision to the U.S. Third Circuit Court of Appeals, or filing an amended complaint.
The company has also filed a complaint on similar grounds with the European Commission, and expects a decision later this year as to whether the EC will launch a formal investigation into Qualcomm's anticompetitive practices.
Judge Cooper's decision has no affect on Broadcom's patent litigation against Qualcomm. In all, Broadcom has asserted that Qualcomm chips infringe eighteen U.S. patents. A decision from the U.S. International Trade Commission on whether Qualcomm infringes three of those patents is expected October 10.
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(R).
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 of 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, 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 antitrust proceedings 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 some 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(R), the pulse logo, Connecting everything(R), the Connecting everything logo and SystemI/O(TM) are trademarks of Broadcom Corporation and/or its affiliates in the United States and certain other countries. Any other trademarks or trade names mentioned are the property of their respective owners
Broadcom Business Press Contact Broadcom Investor Relations
Bill Blanning T. Peter Andrew
Vice President, Public Relations Vice President, Investor Relations
949-926-5555 949-926-5663
blanning@broadcom.com andrewtp@broadcom.com
Photo: Newscom: http://www.newscom.com/cgi-bin/prnh/20060609/BROADCOMLOGOAP Archive: http://photoarchive.ap.org/PRN Photo Desk, photodesk@prnewswire.com
Broadcom Corporation; BRCM Corporate
CONTACT: business press, Bill Blanning Vice President, Public Relations,+1-949-926-5555, or blanning@broadcom.com, or investors, T. Peter Andrew, VicePresident, Investor Relations, +1-949-926-5663, or andrewtp@broadcom.com, bothof Broadcom Corporation
Web site: http://www.broadcom.com/
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