Emulex Files Lawsuit Vs. Broadcom

Emulex Corporation has filed a lawsuit against Broadcom Corp. 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.