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Emulex Files Lawsuit to Defend Itself Against Alleged Anticompetitive Conduct By Broadcom
Monday, November 09, 2009 2:54 PM


(Source: Business Wire)trackingEmulex 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.



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