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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): March 7, 1997
QUALCOMM INCORPORATED
(Exact name of registrant as specified in its charter)
DELAWARE
(State or other jurisdiction of incorporation)
0-19528 95-3685934
(Commission File No.) (IRS Employer Identification No.)
6455 LUSK BOULEVARD
SAN DIEGO, CALIFORNIA 92121
(Address of principal executive offices and zip code)
Registrant's telephone number, including area code: (619) 587-1121
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ITEM 5. OTHER EVENTS.
On March 5, 1997, QUALCOMM Incorporated (the "Company") filed a
complaint (the "Complaint") against Motorola, Inc. ("Motorola") in the U.S.
District Court for the Southern District of California. The Complaint was
filed in response to allegations by Motorola that the Company's recently
announced "Q" Phone infringes a design patent and certain utility patents held
by Motorola as well as trade dress and common law rights relating to the
appearance of certain Motorola wireless telephone products. The Complaint
denies such allegations and seeks a judicial declaration that the Company's
products do not infringe any patents held by Motorola. The Complaint also
states that, pursuant to certain patent and technology license agreements
entered into in 1990 between the companies, Motorola is precluded from
asserting infringement of the utility patents. Motorola has also indicated that
it intends to file suit against the Company with respect to its allegations.
Although there can be no assurance that an unfavorable outcome of the dispute
would not have a material adverse effect on the Company's liquidity, financial
position or results of operations, the Company believes Motorola's allegations
have no merit and intends to contest them vigorously. The description of the
Complaint is set forth in the Press Release issued by the Company, dated as of
March 6, 1997, a copy of which is attached hereto as Exhibit 99.1.
ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND
EXHIBITS.
(C) EXHIBITS.
99.1 Press Release dated March 6, 1997.
2.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
QUALCOMM INCORPORATED
Dated: March 7, 1997 By:
-------------------------------
Anthony S. Thornley
Senior Vice President and
Chief Financial Officer
3.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
QUALCOMM INCORPORATED
Dated: March 7, 1997 By: ANTHONY S. THORNLEY
----------------------------
Anthony S. Thornley
Senior Vice President and
Chief Financial Officer
4.
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INDEX TO EXHIBITS
PAGE NO.
99.1 Press Release dated March 6, 1997
5.
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[QUALCOMM LOGO] NEWS RELEASE
- --------------------------------------------------------------------------------
FOR IMMEDIATE RELEASE
[QUALCOMM LETTERHEAD]
QUALCOMM FILES LAWSUIT AGAINST MOTOROLA
SAN DIEGO -- March 6, 1997 -- QUALCOMM Incorporated (NASDAQ: QCOM) today
announced it had filed a lawsuit yesterday against Motorola Inc. in federal
court in San Diego for a declaratory judgment that QUALCOMM's products do not
infringe any patents held by Motorola. QUALCOMM's complaint states that
Motorola has asserted that certain QUALCOMM products infringe patents held by
Motorola, and QUALCOMM's lawsuit seeks a judicial declaration that its products
do not infringe.
The complaint also charges that QUALCOMM and Motorola entered into patent and
technology license agreements in 1990 which preclude Motorola from asserting
infringement of the patents. QUALCOMM's complaint also alleges that Motorola
has claimed that QUALCOMM's recently announced "Q" Phone infringes a design
patent of Motorola's as well as trade dress and common law rights relating to
the appearance of certain Motorola wireless telephone products. QUALCOMM's
complaint denies that the
--more--
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QUALCOMM Files Lawsuit Against Motorola Page 2 of 3
"Q" Phone infringes any rights of Motorola and requests a judicial finding that
QUALCOMM's products are free of any infringement.
"QUALCOMM was careful to respect the intellectual property rights of others,
and in the course of designing any new product we seek to ensure that our
design does not infringe the rights of any other companies," said Harvey White,
president QUALCOMM. "In our development of the "Q" Phone we followed our usual
practice of verifying and checking existing patents. Our lawsuit seeks judicial
confirmation that our judgment was correct."
Headquartered in San Diego, QUALCOMM develops, manufactures, markets, licenses
and operates advanced communications systems and products based on its
proprietary digital wireless technologies. The Company's primary product areas
are the OmniTRACS(R) system (a geostationary satellite-based, mobile
communications system providing two-way data and position reporting services),
CDMA wireless communications systems and products and, in conjunction with
others, the development of the Globalstar(TM) low-earth-orbit (LEO) satellite
communications system. Other Company products include the Eudora Pro(TM)
electronic mail software, ASIC products, and communications equipment and
systems for government and commercial customers worldwide. For more information
on QUALCOMM products and technologies, please visit the Company's web site at
<http://www.qualcomm.com/>
--more--
[QUALCOMM LOGO]
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QUALCOMM Files Lawsuit Against Motorola Page 3 of 3
Except for the historical information contained herein, this news release
contains forward-looking statements that are subject to risks and
uncertainties, including timely product development and commercial
implementation of the Company's CDMA technology, continued growth in the CDMA
subscriber population and the scale up and operations of CDMA systems, timing
and receipt of license fees and royalties, the Company's ability to
successfully manufacture significant quantities of CDMA or other equipment on a
timely and profitable basis and those related to performance guarantees, change
in economic conditions of the various markets the Company serves, as well as
the other risks detailed from time to time in the Company's SEC reports,
including the report on Form 10-K for the year ended September 29, 1996 and
most recent Form 10-Qs.
###
QUALCOMM, OmniTRACS and Eudora are registered trademarks and Eudora Pro is a
trademark of QUALCOMM Incorporated. Globalstar is a trademark of Loral Qualcomm
Satellite Services, Incorporated.
[QUALCOMM LOGO]
