7/17/2002 - Microtune®, Inc. (NASDAQ:TUNE) today issued the following statement in response to Broadcom Corporation's countersuit against Microtune, filed on July 15, 2002.
Microtune is the industry pioneer in developing silicon tuner technology, and the Company launched its first product, the single-chip MicroTunerTM in January 1999. Microtune currently holds 13 patents covering its integrated circuit technology as a result of its revolutionary research and development in the silicon tuner field. Microtune has and will continue to vigorously protect its intellectual property.
On January 24, 2001, Microtune filed suit in the United States District Court for the Eastern District of Texas, Sherman Division, alleging that Broadcom's two-chip silicon tuner infringes Microtune's United States Patent No. 5,737,035, entitled 'Highly Integrated Television Tuner on a Single Microcircuit'. In its complaint, Microtune seeks to recover monetary damages resulting from the alleged infringement, as well as injunctive relief precluding Broadcom from taking any further action that infringes Microtune's '035 Patent. The lawsuit is proceeding within the courts - the Markman hearing has been concluded, depositions are being taken and a trial date is scheduled for October 2002.
Microtune has reviewed the allegations in the lawsuit filed yesterday by Broadcom. This initial review confirms Microtune's belief that this countersuit was filed in retaliation for Microtune's filing of its patent suit alleging infringement under its '035 patent. Microtune intends to establish in this new litigation that its products do not infringe Broadcom's patent and intends to establish that its products pre-date the Broadcom patent.
It is well established in the tuner industry that Microtune was the first to design and market its successful silicon tuner. Broadcom was late to market with its silicon tuner products and is late to court with its patent suit.
In summary, Microtune intends to vigorously prosecute its lawsuit against Broadcom at the trial in October 2002 and to defend itself against Broadcom's countersuit, which is meritless. Microtune expects to prevail in both actions.
Microtune, Inc. is a leading silicon and systems company that designs, manufactures and markets radio frequency (RF)-based solutions for the global broadband communications, automotive electronics and wireless connectivity markets. Inventors of the MicroTunerTM single-chip broadband tuner, the Company offers a portfolio of advanced tuner, amplifier, transceiver and wireless products that enable the delivery of information and entertainment across new classes of consumer electronics devices. The Company currently holds 14 U.S. patents for its technology, with more than 50 applications pending approval that span its RF and wireless products, containing almost 2000 supporting claims. Founded in 1996, Microtune is headquartered in Plano, Texas, with key design, manufacturing and sales centers located around the world. The web site is www.microtune.com
MICROTUNE FORWARD LOOKING STATEMENT
This press release contains forward-looking statements, including those discussing the outcome and merits of the lawsuits, that are subject to risks and uncertainties that could cause such statements to differ materially from actual future events or results. Such forward-looking statements are generally accompanied by words such as "plan", "estimate", "expect", "believe", "could", "would", "anticipate", "may", or other words that convey uncertainty of future events or outcomes. These forward-looking statements and other statements made elsewhere in this release are made in reliance on the Private Securities Litigation Reform Act of 1995. Factors which could cause actual results to differ include the Company's ability to successfully prosecute, defend and win the lawsuits and the ability of the Compay to recover the actual costs of the litigation , any of which may cause the Company's financial results to fluctuate. Readers are referred to the reports and documents filed by Microtune with the Securities and Exchange Commission from time to time, including its Form 10-K for the year ended December 31, 2001, Form 10Q for each quarter and Form S-3 filed on August 17, 2001, as amended.
Microtune is a registered trademark and MicroTuner is a trademark of Microtune, Inc.
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