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The ITC also said that it would review the findings regarding three additional patents that SiRF was found to infringe.
"We are pleased that the ITC affirmed the Initial Determination that SiRF infringed three of our patents, and also confirmed the validity of all six patents. We are confident that the full Commission will ultimately affirm the findings of SiRF's infringement on the three remaining patents at issue. We also look forward to moving expeditiously to the remedy phase against SiRF," said David Rosmann, Broadcom's Vice President, Intellectual Property Litigation.
The ITC's notice of review, filed today, comes after a two week trial earlier this year and a subsequent determination by ITC Administrative Law Judge Carl C. Charneski that SiRF infringes six GPS-related patents held by Global Locate. The six patents that SiRF was found to infringe are United States patents 6,417,801; 6,937,187; 6,606,346; 7,158,080; 6,704,651; and 6,651,000 -- relating to extended ephemeris assistance (Long Term Orbits), calculating time in GPS receivers, enhancing sensitivity in assisted GPS systems, and implementing hardware structures for parallel correlation. The findings subject to review involve the '346, '651 and '000 patents.
The ITC will now decide whether to implement the judge's proposed remedies against SiRF, which include a permanent exclusion order barring the importation into the United States of infringing SiRF chips and all downstream products that incorporate those chips, including personal navigation devices (PND), GPS modules and receivers, personal digital assistants (PDA), and cellular telephones. The ITC will also decide whether to follow the trial court's proposal to issue a cease and desist order barring SiRF from further use or sale of infringing products in the United States. Judge Charneski recommended these remedies in his Initial Determination.
The Commission has set a target date of December 8 to issue its Final Determination and remedy order.
In addition to this ITC investigation, Broadcom's claims of infringement against SiRF's multimedia processors and GPS receivers in the U.S. District Court in Santa Ana, Calif, will move forward after SiRF's motion to stay the case was denied last month.
About Broadcom
Broadcom Corporation is a major technology innovator and global leader in semiconductors for wired and wireless communications. Broadcom(R) products enable the delivery of voice, video, data and multimedia to and throughout the home, the office and the mobile environment. We provide 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 is one of the world's largest fabless semiconductor companies, with 2007 revenue of $3.78 billion, and holds over 2,800 U.S. and 1,200 foreign patents, more than 7,300 additional pending patent applications, and one of the broadest intellectual property portfolios addressing both wired and wireless transmission of voice, video, data and multimedia.
Broadcom is headquartered in Irvine, Calif., and has offices and research facilities in North America, Asia and Europe. Broadcom may be contacted at +1.949.926.5000 or at http://www.broadcom.com.
Cautions regarding Forward Looking Statements:
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. Examples of such forward-looking statements include, but are not limited to our ability to secure future favorable remedies against SiRF. 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 in connection with our ongoing litigation with SiRF Technology Holdings, Inc. include, but are not limited to:
-- our ability to prevail in the U.S. International Trade Commission proceedings originally filed by Global Locate and us against SiRF; -- 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.
Additional factors that may cause Broadcom's actual results to differ materially from those expressed in forward-looking statements include, but are not limited to, those listed at http://www.broadcom.com/press/additional_risk_factors/Q32008.php.
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, except as required by law.
Broadcom(R), the pulse logo, Connecting everything(R), the Connecting everything logo, and Global Locate(R) are among the trademarks of Broadcom Corporation and/or its affiliates in the United States, certain other countries and/or the EU. SiRF(R) is a trademark of SiRF Technology Holdings, Inc. Any other trademarks or trade names mentioned are the property of their respective owners.
Broadcom Business Press Contact Bill Blanning Vice President, Global Media Relations 949-926-5555 blanning@broadcom.com Broadcom Financial Analyst Contact T. Peter Andrew Vice President, Corporate Communications 949-926-5663 andrewtp@broadcom.com
SOURCE Broadcom Corporation; BRCM Corporate
http://www.broadcom.com
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