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September 28, 2008

US Appeals Court affirms that Qualcomm infringed two Broadcom patents

The US Court of Appeals for the Federal Circuit upheld a unanimous jury verdict that Qualcomm's cellular chips and software infringed two Broadcom patents, and 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.

By CBR Staff Writer

Broadcom filed the infringement case in the US District Court in Santa Ana, California, 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. In 2007, the US District Court Judge James 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.

The two patents that the appeals court upheld are the US Patent No 5,657,317, which the jury found infringed by Qualcomm’s EV-DO technology, and the US Patent No.6,389,010, which the jury found infringed by Qualcomm’s QChat chips and software. The third patent, held invalid, is the US Patent No.6,847,686, which relates to video processing technology.

David Rosmann, vice president for intellectual property litigation at Broadcom, said: The appeals court’s decision is a major victory for Broadcom in our ongoing effort to protect our intellectual property.

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