For Emulex, Broadcom Suit Is A Threat To Next-Gen Tech
September 15 2009 - 12:58PM
Dow Jones News
Emulex Corp. (ELX), after winning the battle to stay indepedent
from Broadcom Corp. (BRCM), now finds its future growth areas under
siege.
Broadcom's patent complaint against its would-be acquisition
targets the next-generation of technology both firms expect will
link the different pieces of hardware in data centers. As such,
analysts say preliminary injunctions won't impact Emulex's current
products or revenue.
More at issue, however, is the prospective business Emulex spent
so much time touting amid Broadcom's hostile takeover attempt. And
the infringement case, if it appears that it may be successful,
could bring Emulex back to the bargaining table.
On Monday, Broadcom filed a complaint with the U.S. District
Court for the Central District of California alleging that Emulex
is infringing ten patents related to high-speed data and storage
networking technologies.
The suit, coming about two months after Broadcom ended its
attempted takeover of Emulex, focuses on a networking technology
which Emulex is using in its pursuit of the market for a combo
networking device known as fibre-channel over ethernet.
Both Broadcom and Emulex see fiber-channel over ethernet, or
FCOE, as the next big shift in how servers and storage devices are
linked in data centers, but for a number of reasons, including a
lack of standards, the new technology hasn't yet caught on.
Emulex doesn't generate any of its current revenue from the new
technology, and analysts don't see FCOE products impacting the
company's sales until 2011.
"It's really all about the future; it's not about the current
business," ThinkEquity analyst Rajesh Ghai said.
But the complaint could impact a great deal of the prospective
business Emulex announced over the past few months in its
successful attempt to hold off Broadcom's takeover.
When Broadcom announced its unsolicited bid in April, Emulex
argued that the proposal undervalued the company on the grounds
that future contracts which Emulex was lining up - and Broadcom
knew about - made the offer inadequate.
Emulex has since announced "design wins," from networking gear
customers, such as International Business Machines Corp. (IBM),
that the company says will result in significant future revenue
growth.
The patent-infringement lawsuit, however, could make future
business partners nervous about teaming with Emulex, should they be
found to have violated Broadcom's patents, JMP Securities analyst
Samuel Wilson said.
Customers may freeze their expected Emulex product deployments,
seek alternative suppliers in addition to Emulex or simply move
forward more cautiously, he said.
Emulex shares were recently trading down 11 cents to $10.42,
still well above the stock price of $6.61 before the first report
of Broadcom's takeover plans. Shares have been helped by a broader
market recovery, as well as hopes that Broadcom might renew its
acquisition campaign.
ThinkEquity's Ghai said the infringment case could reflect a
larger plan by Broadcom to bring Emulex into negotiations.
"I think this is a ploy to get Emulex back to the bargaining
table," he said.
"Eventually if there is a case of patent infringement, then
Emulex could end up paying, and they might say, 'You know what,
let's start talking about a merger,'" Ghai said.
Emulex didn't respond to requests for comment. Broadcom counsel
for patent matters David Rosmann said that after the failed
acquisition attempt, "We've gone in a different direction and are
competitors" with Emulex.
"This is about a competitor using our technology," he said.
-By Jerry A. DiColo; Dow Jones Newswires; 212-416-2155;
jerry.dicolo@dowjones.com