Facts

Emulex Corp. and Marvell Semiconductor Inc. were parties to two supply agreements containing indemnification clauses. In 2009, Broadcom Corp. sued Emulex for patent infringement. The Broadcom lawsuit accused certain Marvell parts contained in Emulex products of infringing Broadcom's patents.

Emulex sued Marvell, claiming it had a duty to defend and indemnify.

PLAINTIFF'S CONTENTIONS:
Emulex contended that Marvell had an obligation to defend and indemnify Emulex in connection with the patent infringement accusation made by Broadcom against the Marvell products and that Marvell breached its obligation to defend and indemnify Emulex.

DEFENDANT'S CONTENTIONS:
Marvell did not dispute that it was required to reimburse Emulex for Emulex's reasonable legal fees and costs for defending the Marvell products in the Broadcom, but disputed the amount Marvell should pay. Marvell disputed that it had any obligation to pay for any part of the settlement with Broadcom.

Result

The jury found in favor of Emulex and awarded $4,686,756.10 against Marvell for legal fees and costs for defending the Marvell products. The jury also found in favor of Marvell as to all of Emulex's claims that Marvell pay a part of its settlement with Broadcom.

Other Information

FILING DATE: Aug. 14, 2013.