Adaptec 2005 Annual Report Download - page 29
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Table of Contents
From time to time, we become defendants in legal proceedings about which we are unable to assess our exposure and which could become significant
liabilities upon judgment.
We become defendants in legal proceedings from time to time. Companies in our industry have been subject to claims related to patent infringement and
product liability, as well as contract and personal claims. We may not be able to accurately assess the risk related to these suits, and we may be unable to
accurately assess our level of exposure. These proceedings may result in material charges to our operating results in the future if our exposure is material and if
our ability to assess our exposure becomes clearer.
If we cannot protect our proprietary technology, we may not be able to prevent competitors from copying or misappropriating our technology and
selling similar products, which would harm our revenues.
To compete effectively, we must protect our intellectual property. We rely on a combination of patents, trademarks, copyrights, trade secret laws,
confidentiality procedures and licensing arrangements to protect our intellectual property rights. We hold numerous patents and have a number of pending patent
applications. However some of our patents are expiring in 2010, which could have a negative affect on our ability to prevent competitors from duplicating certain
of our products.
We might not succeed in obtaining patents from any of our pending applications. Even if we are awarded patents, they may not provide any meaningful
protection or commercial advantage to us, as they may not be of sufficient scope or strength, or may not be issued in all countries where our products can be sold.
In addition, our competitors may be able to design around our patents.
To protect our product technology, documentation and other proprietary information, we enter into confidentiality agreements with our employees,
customers, consultants and strategic partners. We require our employees to acknowledge their obligation maintain confidentiality with respect to PMC’s
products. Despite these efforts, we cannot guarantee that these parties will maintain confidentiality our proprietary information in the course of future
employment or working with other business partners. We develop, manufacture and sell our products in Asia and other countries that may not protect our
products or intellectual property rights to the same extent as the laws of the United States. This makes piracy of our technology and products more likely. Steps
we take to protect our proprietary information may not be adequate to prevent theft of our technology. We may not be able to prevent our competitors from
independently developing technologies that are similar to or better than ours.
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Source: PMC SIERRA INC, 10-K, February 22, 2008