Emulex Files Lawsuit to Defend Itself Against Alleged Anticompetitive Conduct By Broadcom
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COSTA MESA, Calif.--(Business Wire)--
Emulex Corporation (NYSE: ELX) today announced that it has filed a lawsuit
against Broadcom alleging that Broadcom has acted in an anticompetitive manner
in violation of federal antitrust laws, as well as made defamatory statements
and engaged in acts of unfair competition in violation of seven separate
statutes. The antitrust claims seek actual damages, attorneys` fees and costs,
and injunctive relief. The complaint also seeks punitive damages against
Broadcom to punish and make an example of Broadcom for its alleged "malicious"
conduct. Emulex intends to vigorously prosecute this litigation to fully redress
Broadcom`s conduct and statements, and it is hopeful that Broadcom will
immediately cease the conduct alleged in the complaint.
On Wednesday, November 4, 2009, Emulex filed its answer to the patent
infringement complaint filed by Broadcom, alleging that it believes that the
Broadcom patents at issue are invalid or not infringed, or both. Emulex also
notes that the patents listed in the complaint are not directed at Emulex`s core
Fibre Channel business. The alleged infringing Emulex products listed in
Broadcom`s complaint accounted for approximately seven percent of Emulex`s
worldwide product revenue for the fiscal quarter ending September 27, 2009.
The complaint filed today and the answer and counterclaims filed on November 4,
2009, are publicly available from the Federal District Court office in Santa
Ana, California.
About Emulex
Emulex is the leader in converged networking solutions for the data center. Our
Connectivity Continuum architecture provides intelligent networking services
that transition today`s infrastructure into tomorrow`s unified network
ecosystem. Emulex provides a single framework that intelligently connects every
server, network and storage device within the data center. Through strategic
collaboration and integrated partner solutions, Emulex provides its customers
with industry leading business value, operational flexibility and strategic
advantage. Emulex is listed on the New York Stock Exchange (NYSE:ELX) and has
corporate headquarters in Costa Mesa, California. News releases and other
information about Emulex Corporation are available at http://www.emulex.com.
Emulex Safe Harbor Statement
"Safe Harbor" Statement under the Private Securities Litigation Reform Act of
1995: With the exception of historical information, the statements set forth
above include forward-looking statements that involve risk and uncertainties.
These forward-looking statements include, among other things, statements
regarding future events and future performance. Emulex wishes to caution readers
that a number of significant factors could cause actual results to differ
materially from those in the forward-looking statements. Those factors include
changes in economic and industry conditions and the effects of ongoing global
economic uncertainty, changes in end user demand for technology solutions; the
effect of any actual or potential unsolicited offers to acquire Emulex; Emulex`s
dependence on a limited number of customers and the effects of the loss of, or
decrease or delays in orders by, any such customers, or the failure of such
customers to make payments; the rapidly changing nature of technology, evolving
industry standards and frequent introductions of new products and enhancements
by competitors; the effect of rapid migration of customers towards newer, lower
cost product platforms; slower than expected growth of the storage networking
market or the failure of Emulex's Original Equipment Manufacturer ("OEM")
customers to successfully incorporate Emulex products into their systems; delays
in product development; the highly competitive nature of the markets for
Emulex`s products; Emulex`s ability to gain market acceptance for its products;
any inadequacy of Emulex`s intellectual property protection or the potential for
and impact of third-party claims of infringement, including any inability to
successfully defend itself against any intellectual property claims, obligations
relating to customer indemnification, any failure of suppliers to satisfy
indemnification obligations and other potential business disruption; Emulex's
ability to attract and retain skilled personnel; and the Emulex's reliance on
third-party suppliers. These and other factors which could cause actual results
to differ materially from those in the forward-looking statements are also
discussed in Emulex`s filings with the Securities and Exchange Commission,
including its recent filings on Forms 8-K, 10-K and 10-Q. Statements in this
release are based on current expectations and Emulex undertakes no obligation to
revise or update any forward-looking statements for any reason. All trademarks,
trade names, service marks, and logos referenced herein belong to their
respective companies.
Emulex Corporation
Katherine Lane, 714-885-3828
Director, Corporate Communications
katherine.lane@emulex.com
Copyright Business Wire 2009
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