U.S. Court of Appeals Ruling Affirms Dismissal of Broadcom’s Claims in Antitrust Complaint Against QUALCOMM
Six of Broadcom’s Eight Antitrust Claims Against QUALCOMM Conclusively Dismissed.
SAN DIEGO.— QUALCOMM Incorporated (Nasdaq: QCOM), a leading developer and innovator of Code Division Multiple Access (CDMA) and other advanced wireless technologies, today announced that the United States Court of Appeals has agreed that all but two of Broadcom’s federal claims in Broadcom’s antitrust complaint against QUALCOMM should be dismissed. The two remaining claims were reinstated and returned to District Court.
QUALCOMM is pleased that the Court of Appeals agreed with the District Court’s dismissal of Broadcom’s claims related to QUALCOMM’s conduct with regard to CDMA technology and chips, as well as the Company’s acquisition of Flarion, a developer of OFDM/OFDMA and other technologies. Broadcom did not appeal the dismissal by the District Court of four of its claims; therefore, six of Broadcom’s eight federal claims in this case have now been conclusively resolved in QUALCOMM’s favor. While the Court of Appeals disagreed with the District Court’s decision to dismiss Broadcom’s two remaining federal claims, QUALCOMM is mindful that the Court was required by settled procedural rules to accept as true at this stage of the case all allegations made by Broadcom in its complaint. QUALCOMM vigorously disputes Broadcom’s remaining allegations and is confident that judgment will ultimately be entered in its favor on the entire complaint, including both claims reinstated by the Court of Appeals’ decision.
QUALCOMM Incorporated (www.qualcomm.com) is a leader in developing and delivering innovative digital wireless communications products and services based on CDMA and other advanced technologies. Headquartered in San Diego, Calif., QUALCOMM is included in the S&P 500 Index and is a 2007 FORTUNE 500® company traded on The Nasdaq Stock Market® under the ticker symbol QCOM.
Except for the historical information contained herein, this news release contains forward-looking statements that are subject to risks and uncertainties, including the Company’s ability to successfully design and have manufactured significant quantities of CDMA components on a timely and profitable basis, the extent and speed to which CDMA is deployed, change in economic conditions of the various markets the Company serves, as well as the other risks detailed from time to time in the Company’s SEC reports, including the report on Form 10-K for the year ended September 24, 2006, and most recent Form 10-Q.
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