Published: March 15, 2010
ITC Rules in Favor of Avago Technologies in Parallel Fiber Optics Case
SAN JOSE, Calif. & SINGAPORE - (BUSINESS WIRE) - Avago Technologies (Nasdaq:AVGO), a leading supplier of analog interface
components for communications, industrial and consumer applications,
announced today that on Friday March 12, 2010, the International Trade
Commission issued the Initial Determination finding a violation of
Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in
favor of Avago Technologies, upholding the validity of Avago's patents
and finding that Emcore Corporation infringes Avago's intellectual
property by importing and selling certain optoelectronics products used
in optical communication systems. After a one-week hearing in November
2009, and post-hearing briefing, the ITC also rejected Emcore's
invalidity and other defenses.
In March 2009, the ITC announced that it would take up Avago's
complaint, which accused New Mexico-based Emcore of making fiber optic
components that infringe Avago's U.S. Patent Numbers 5,359,447 and
5,761,229. Prior to the ITC matter, Avago sued Emcore for infringement
of the patents in December 2008 in the U.S. District Court for the
Northern District of California. The District Court case against Emcore
for damages is temporarily stayed until an ITC Order becomes final.
Avago will pursue the infringement charges in the District Court when
the stay is lifted.
This past week, the ITC found that Avago patents cover parallel fiber
optics products and components made and sold by Emcore and used for data
communications for core routing and enterprise networking.
Avago's General Counsel, Patricia H. McCall, stated "Avago is pleased by
the ITC's decision and remains committed to protecting and, where
necessary, taking action to enforce its valuable patent and intellectual
property rights. Our belief in the strength of our intellectual property
in parallel fiber optics is validated by this decision."
In the next phase of the case, the ITC will consider the appropriate
scope of an exclusion order enjoining Emcore from importing the
infringing optoelectronic products and systems employing these
components into the United States for the term of Avago's patents. The
ITC has recommended an exclusion order to prevent further importation,
and also recommended a cease and desist order to prevent Emcore from
selling already imported infringing products.
The case is In the Matter of Certain Optoelectronic Devices, Components
Thereof and Products Containing the Same, case number 337-TA-669, in the
U.S. International Trade Commission. Avago was represented by Novak
Druce + Quigg LLP.
About Avago Technologies
Avago Technologies is a leading supplier of analog interface components
for communications, industrial and consumer applications. By leveraging
its core competencies in III-V compound and silicon semiconductor design
and processing, the company provides an extensive range of analog, mixed
signal and optoelectronics components and subsystems to approximately
40,000 end customers. Backed by strong customer service support, the
company's products serve four diverse end markets: wireless
communications, wired infrastructure, industrial and automotive
electronics, and consumer and computing peripherals. Avago has a global
employee presence and heritage of technical innovation dating back 40
years to its Hewlett-Packard roots. Information about Avago is available
on the Web at www.avagotech.com
Follow Avago on Twitter at http://twitter.com/Avagotech.
Safe Harbor Statement
This announcement and supporting materials may contain forward-looking
statements which address our expected future business and financial
performance. These forward looking statements are based on current
expectations, estimates, forecasts and projections of future Company or
industry performance based on management's judgment, beliefs, current
trends and market conditions, and involve risks and uncertainties that
may cause actual results to differ materially from those contained in
the forward-looking statements. Accordingly, we caution you not to place
undue reliance on these statements. Avago Technologies Registration
Statement on Form S-1, as amended, filed with the SEC on January 27,
2010 and other filings with the U.S. Securities and Exchange Commission
("SEC") (which you may obtain for free at the SEC website at http://www.sec.gov)
discuss some of the important risk factors that may affect our business,
results of operations, and financial condition.
Avago, Avago Technologies, and the A logo are trademarks of Avago
Technologies. All other trademarks are the property of their respective
owners.

Avago Technologies
Alain Dangerfield, 408-435-6385
alain.dangerfield@avagotech.com
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