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Press Contact: Robin Austin, Director, Public Relations , 714-885-3462
Emulex Announces Settlement of Litigation with QLogic
COSTA MESA, Calif., June 28, 2004 - Emulex Corporation (NYSE: ELX) entered into a confidential settlement with QLogic Corporation (Nasdaq:QLGC) on June 25, 2004 to resolve all ongoing patent litigation between the companies. On February 28, 2003, Vixel Corporation filed a lawsuit asserting three US patents against QLogic. Vixel was acquired by Emulex, effective November 17, 2003.
A lawsuit was then filed by QLogic on December 8, 2003 asserting one US patent against Emulex. The settlement resolves all the litigation relating to the patents in both lawsuits. The settlement includes a Settlement and License Agreement under which QLogic is required to pay royalties to Emulex associated with the future sales of certain products, and the validity of the three Emulex US patents is acknowledged.
James McCluney, president and chief operating officer of Emulex Corporation, said, "We are pleased that the litigation process between the two companies is concluded, and we are satisfied that Emulex's interests in its intellectual property have been preserved."
About Emulex
Emulex Corporation, which was named one of Forbes Magazine's 25 Fastest Growing Technology Companies in 2002, is the world's largest supplier and developer of storage networking host bus adapters. The Emulex product families are based on internally developed ASIC, firmware and software technologies spanning both Fibre Channel and IP networking protocols, and offer customers high performance, scalability, flexibility and reduced total cost of ownership. The company's products have been selected by the world's leading server and storage providers, including Dell, EMC, Fujitsu Siemens, Bull, HP, Hitachi Data Systems, IBM, NEC, Network Appliance and Unisys. In addition, Emulex includes industry leaders Brocade, Computer Associates, Intel, McDATA, Microsoft and VERITAS among its strategic partners. Via a joint development agreement, Emulex and Intel are pioneering the industry's first storage processors for Serial ATA, Serial Attached SCSI and Fibre Channel interfaces within a single architecture.
Emulex markets to OEMs and end users through its own worldwide selling organization, as well as its two-tier distribution partners, including ACAL, Avnet, Bell Microproducts, Info-X, Netmarks, Tech Data, TidalWire and Tokyo Electron. Corporate headquarters are located in Costa Mesa, California. News releases and other information about Emulex Corporation are available at www.emulex.com.
EMULEX | We network storage
Emulex Safe Harbor Statement
"Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995: With the exception of historical information, the statements set forth above include forward-looking statements that involve risk and uncertainties. The company wishes to caution readers that a number of important factors could cause actual results to differ materially from those in the forward-looking statements. Those factors include the rapidly changing nature of technology, evolving industry standards and frequent introductions of new products and enhancements by competitors; fluctuation in the growth of Fibre Channel and IP markets; changes in economic conditions or changes in end-user demand for technology solutions; fluctuations or delays in customer orders; the highly competitive nature of the markets for Emulex's products; Emulex's ability to gain market acceptance for its products; the company's ability to attract and retain skilled personnel; the company's reliance on third-party suppliers. These and other factors which could cause actual results to differ materially from those in the forward-looking statements are also discussed in the company's filings with the Securities and Exchange Commission, including its recent filings on Forms 8-K, 10-K and 10-Q.
This news release refers to various products and companies by their trade names. In most, if not all, cases these designations are claimed as trademarks or registered trademarks by their respective companies.


