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Judge Denies Latest QUALCOMM Attempt to Stifle 3G Cellular Competition

24 October 2006

Broadcom Corporation (Nasdaq: BRCM) announced that a federal judge today denied QUALCOMM Incorporated's motion to enjoin Broadcom's third generation ("3G") cellular chip business. Broadcom also announced two new initiatives in its legal fight against QUALCOMM's anticompetitive conduct regarding cell phone technology.


(Logo: http://www.newscom.com/cgi-bin/prnh/20060609/BROADCOMLOGO )


In a case pending in federal court in San Diego, Calif., QUALCOMM had sought a preliminary injunction to stop Broadcom's development and sale of 3G cellular chips, alleging trade secret misappropriation. U.S. District Court Judge Rudi M. Brewster late this afternoon ruled that QUALCOMM was not entitled to the sweeping injunction it requested. The judge characterized QUALCOMM's requested relief as "light years beyond" what would be appropriate. QUALCOMM also withdrew its false allegations against Broadcom of software theft and three sworn declarations supporting those false allegations. As a compromise, Broadcom and QUALCOMM are to agree on a set of documents to be quarantined pending the outcome of the case. Broadcom has not misused any QUALCOMM trade secrets, so any such quarantine will have no effect on Broadcom's business. Broadcom is confident that the court will ultimately find that it did not misappropriate QUALCOMM's trade secrets. Trial of the case is set for October 2007.


"Let's be clear: QUALCOMM brought this motion not because of any legitimate concern over trade secrets, but as yet another effort to stifle competition in the cellular chip market. QUALCOMM obviously perceives Broadcom to be a serious competitive threat," said David A. Dull, Broadcom's Senior Vice President and General Counsel. "We are gratified that the court rejected QUALCOMM's sensational and false claims."


Royalty "Double-Dipping" Challenged


In a separate case pending between the parties in the same court, Broadcom has filed a motion for summary judgment aimed at stopping QUALCOMM's anticompetitive practice of seeking multiple patent royalties for the same products and patents. Unlike traditional semiconductor companies, QUALCOMM collects royalties not only from its chip competitors, but also from their customers as well as its own customers. Broadcom's motion, filed Friday, asserts that such "double-dipping" from both cellular chipmakers and handset providers for royalties on the same patents amounts to patent misuse, rendering QUALCOMM's patents unenforceable. As a consequence, QUALCOMM may have to significantly alter the manner in which it collects patent royalties and bring its patent licensing program into line with traditional cross-licensing practices in the semiconductor industry.


New Jersey Antitrust Appeal


Finally, on Friday Broadcom appealed last month's dismissal without prejudice of its federal antitrust lawsuit against QUALCOMM. The dismissal, by a U.S. District Judge in New Jersey, was appealed to the U.S. Court of Appeals for the Third Circuit. Broadcom believes the New Jersey judge's decision was based on an incorrect reading of antitrust law and is directly at odds with established precedent and with the recent unanimous decision of the U.S. Federal Trade Commission in the Rambus, Inc. matter. In an August 2 ruling, the FTC found that memory-maker Rambus' abuse of an industry standards-setting process constituted a violation of the antitrust laws.(1)


"QUALCOMM is recognized globally for its unfair and anticompetitive practices, including reneging on promises to license its patents on fair, reasonable and non-discriminatory terms and stacking industry standard-setting bodies with members having hidden QUALCOMM affiliations who are committed to rubber-stamping its technology," said Mr. Dull. "These practices not only hurt cellular component providers, handset manufacturers and carriers, but ultimately hurt the consumer as well by raising the cost of cellular phones and chilling the development of innovative technology by the industry."


"For well over a year, we have been asking QUALCOMM simply to play by the rules, and allow chipmakers and handset providers to compete fairly on a level playing field," Mr. Dull continued. "We are open to a resolution of our disputes which achieves that objective and properly recognizes the value of Broadcom's own large and fast growing intellectual property portfolio."


Status of Patent, ITC and Other Actions Brought by Broadcom


In total, Broadcom has asserted that QUALCOMM products infringe eighteen U.S. patents. An initial determination from the U.S. International Trade Commission on whether QUALCOMM infringes three of those patents is expected October 10. The ITC staff has recommended a finding of infringement and a remedy that would halt the importation of infringing QUALCOMM chips and cell phones containing those chips. QUALCOMM will face trial on two more of the Broadcom patents in March 2007 in San Diego, and on five more in May 2007 in Santa Ana, Calif.


In October 2005 Broadcom and five other leading mobile wireless technology companies filed complaints with the European Commission requesting that the Commission investigate QUALCOMM's anticompetitive conduct related to the licensing of its patents and the sale of its chipsets for mobile wireless devices and systems. The EC commenced a preliminary investigation, and is determining whether to institute a formal investigation, of QUALCOMM. A decision is expected later this year.


In June 2006 Broadcom and another leading mobile wireless technology company filed complaints with the Korean Fair Trade Commission asserting claims comparable to those asserted in the EC. The Korean FTC is determining whether to institute a formal investigation of QUALCOMM.


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.


(1) The FTC press release, opinion and order are available at


http://www.ftc.gov/opa/2006/08/rambus.htm.


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 business and 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 antitrust proceedings against QUALCOMM and to secure fair, reasonable and non-discriminatory licensing terms as well as a fair competitive environment in the markets for 3G cellular chipsets; our ability to prevail in the various patent lawsuits with QUALCOMM and the U.S. International Trade Commission proceeding against QUALCOMM; the ability of our patents to protect our intellectual property and products; 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 the date they are made. We undertake no obligation to revise or update publicly any forward-looking statement for any reason.


Broadcom(R), the pulse logo, Connecting everything(R) 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. 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

Source: prnewswire


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