Tuesday, September 23, 2008

U.S. Appeals Court Affirms Jury Verdict Against Qualcomm

A U.S. Court of Appeals for the Federal Circuit has upheld a unanimous jury verdict that Qualcomm cellular chips and software infringe two Broadcom patents. The court also upheld the injunction entered by the district court on those two patents. The appeals court also rejected Qualcomm's request for a new trial. The court ruled that a third patent was invalid.

Broadcom filed the infringement case in U.S. District Court in Santa Ana, Calif., in May 2005. On May 29, 2007, a unanimous jury returned a verdict finding that Qualcomm infringed three Broadcom patents and awarded past damages to Broadcom. Late last year, U.S. District Court Judge James V. Selna issued an injunction against Qualcomm designed to stop the company from continuing its infringement of the three Broadcom patents.

In August 2008, Judge Selna found Qualcomm in contempt of his injunction by, among other things, failing to pay royalties to Broadcom on infringing QChat products. Citing the "egregiousness" of Qualcomm's conduct, the court ordered Qualcomm to pay Broadcom the gross profits Qualcomm has earned on its infringing QChat products. Judge Selna further ordered Qualcomm to pay Broadcom's attorneys fees in connection with the contempt proceedings.http://www.broadcom.com

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