Monday, November 17, 2008

Qualcomm Again Held in Contempt of Injunction on 3G Infringing Broadcom Patent

A federal judge has found Qualcomm in contempt of an injunction entered last December that was designed to prevent Qualcomm from continued infringement of two Broadcom patents.

"This is the second time that Qualcomm has been found in contempt of the same federal court injunction," said David Rosmann, Broadcom's Vice President, Intellectual Property Litigation. "Qualcomm's ongoing contempt reflects a remarkable disregard for a system meant to protect intellectual property rights."

In a statement, Broadcom said the injunction prohibits Qualcomm from making, using, selling, offering for sale, importing, and developing certain EV-DO chips. The injunction also provides a sunset period during which Qualcomm can continue to sell legacy EV-DO chips to legacy customers until January 31, 2009, provided that it pays a royalty to Broadcom. U.S. District Court Judge James V. Selna found that Qualcomm violated both provisions of the injunction by selling and offering to sell enjoined EV-DO chips and by failing to pay royalties on legacy EV-DO chips.

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