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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 168.09+1.8%Nov 28 9:30 AM EST

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To: slacker711 who wrote (56427)10/30/2006 9:38:31 PM
From: slacker711  Read Replies (1) of 196781
 
Broadcom dismisses Qualcomm legal claims

eetimes.com

Mark LaPedus
EE Times
(10/30/2006 5:30 PM EST)


SAN JOSE, Calif. — Broadcom Corp. dismissed Qualcomm Inc.'s move on Monday (Oct. 30) to declare victory in their long and bitter legal battle.
Broadcom (Irvine, Calif.) issued a statement following Qualcomm's release. Here is Broadcom's statement:

"Today's press release from Qualcomm is misleading in several fundamental respects. Qualcomm knows that this preliminary injunction is far narrower in scope than the one they requested before the October 2 hearing. They also know that at the hearing Broadcom volunteered to enter into an appropriately-narrow preliminary injunction to quarantine a limited set of Qualcomm documents until the parties have an opportunity to argue the merits of the case at trial. We readily agreed to a quarantine because we have never used or had any desire or intention to use those documents.

This preliminary injunction reflects an agreement by the parties to maintain the status quo pending trial. Broadcom has not misused any Qualcomm trade secrets, so the quarantine until trial will have no effect on our business. We remain confident that the court will ultimately find that Broadcom did not misappropriate Qualcomm's trade secrets.

The documents that have been quarantined represent a small fraction of those originally identified by Qualcomm. And at the October 2 hearing, Qualcomm withdrew its allegations of theft of source code by Broadcom after we demonstrated that they were false.

As reported in Broadcom's original press release, at the hearing U.S. District Judge Rudi Brewster roundly rejected Qualcomm's overreaching and anticompetitive attempt to shut down Broadcom's 3G cellular chip business, saying: 'A preliminary injunction is something to preserve the status quo until you get a judgment. But a preliminary injunction as proposed by the Plaintiff would go way out and beyond. It would be an executive order of a rule-making kind of a revolutionary document in which Qualcomm would be controlling every breath that Broadcom takes. I'm not prepared to do that.'

At the hearing, both Broadcom and Judge Brewster noted that many of the documents originally identified by Qualcomm simply are not trade secrets. The parties subsequently agreed to reduce the documents at issue to a small fraction of those originally identified by Qualcomm. Broadcom and Qualcomm then stipulated to an order whereby the reduced set of documents would be quarantined pending trial in the matter.
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