CA Technologies Wins Copyright Infringement & Trade Secret Action

CA Technologies Wins Copyright Infringement and Trade Secret Action Against Australia-based Independent Systems Integrators

Federal Court of Australia Judge Expected to Issue Orders to Implement Decision

ISLANDIA, NY, and SYDNEY, AUSTRALIA, March 21, 2012 – CA Technologies (NASDAQ: CA) today announced that the Federal Court of Australia has found Independent Systems Integrators (ISI) of Sydney, Australia violated copyright laws and breached its duty of confidentiality in developing and selling a product using intellectual property (IP) from CA Technologies CA Datacom relational database management system.

“We are pleased with the Court’s decision,” said Amy Fliegelman Olli, CA Technologies executive vice president and general counsel.  “CA Technologies will continue to vigorously protect its intellectual property and aggressively pursue any illegal use in order to protect the substantial investments we make in research and development.  Furthermore, we are committed to safeguarding the considerable investments and confidence our customers place in us when they purchase our products, solutions and services.”
    
In the next phase of the decision process, the Federal Court of Australia is expected to issue orders necessary to implement its ruling. 

The Federal Court found that ISI infringed CA Technologies copyrights by using CA Datacom code to develop and implement its 2BDB2 product.  In addition, the Court further ruled that ISI violated its duty of confidentiality by using confidential information found in the Administrator and Programmer Guides provided to CA Datacom customers to develop the ISI 2BDB2 product.

The ISI case is the second major instance in the past three years where CA Technologies has successfully taken actions to protect its intellectual property. 

In February 2009, in the United States District Court for the Eastern District of New York, CA Technologies reached a settlement with Rocket Software, Inc. resolving the company’s claims of copyright infringement and trade secret misappropriation.  As part of the settlement, Rocket has agreed to license technology from CA Technologies, including source code authored several years ago and related trade secrets that were the subject of the litigation. Further terms of the settlement were not disclosed.

Broadcom Granted Permanent Injunction Against Emulex in Patent Infringement Suit

Broadcom Granted Permanent Injunction Against Emulex in Patent Infringement Suit

IRVINE, Calif., March 19, 2012 /PRNewswire/ -- Broadcom Corporation (NASDAQ: BRCM), a global innovation leader in semiconductor solutions for wired and wireless communications, today announced that the United States District Court for the Central District of California issued a decision granting Broadcom's request for a permanent injunction against certain products of Emulex Corporation (NYSE: ELX) previously found to infringe two Broadcom patents: U.S. Patent Nos. 7,058,150 and 7,471,691.

"We are pleased with the Court's decision," said Art Chong, Broadcom's Executive Vice President, General Counsel and Corporate Secretary.  "The Court's decision recognizes the important principle that Broadcom should not have to compete against its own patents.  Broadcom will continue to vigorously protect its intellectual property rights, including seeking permanent injunctions against its competitors' sale of infringing products where appropriate."
The '150 Patent describes and claims the use of a phase interpolator to optimize clock and data recovery in a high speed chip, and is an important technology for achieving reliable performance in high speed data communications chips.  The '691 Patent describes and claims techniques used in Fibre Channel Arbitrated Loop networking.

The enjoined products include Emulex's BladeEngine 2 (BE2), BladeEngine 3 (BE3) and Lancer (XE201) chips and certain of Emulex's Fibre Channel switch products.  The BE2 and BE3 are 10 Gigabit Ethernet controllers, which are sold as stand-alone chips and used in Emulex's OneConnect™ Converged Network Adapters.  Lancer (XE201) is currently used in some of Emulex's Fibre Channel Host Bus Adapter (HBA) products.

The permanent injunction will prohibit Emulex from importing, manufacturing, using and selling the enjoined products in the United States and from assisting others in doing the same.  The injunction is subject to a "sunset" period.  For the '150 patent, the sunset started on October 12, 2011 and will run until April 12, 2013.  For the '691 patent, the sunset started on December 16, 2011 and will run until June 16, 2013.  During the sunset period, Emulex will be permitted to continue certain sales of enjoined products, but only for use in customer devices for which the customer had placed a firm order for production quantities of affected Emulex products prior to the start of the sunset period.  During the sunset period, Emulex will be required to pay Broadcom a royalty of 9 percent on those sales.  Emulex also will be prohibited from competing for new design-wins with the enjoined products. 

About Broadcom


Broadcom Corporation (NASDAQ: BRCM), a FORTUNE 500® company, is a global leader and innovator in semiconductor solutions for wired and wireless communications.  Broadcom® products seamlessly deliver voice, video, data and multimedia connectivity in the home, office and mobile environments.  With the industry's broadest portfolio of state-of-the-art system-on-a-chip and embedded software solutions, Broadcom is changing the world by Connecting everything®.  For more information, go to www.broadcom.com.