Qualcomm Inc is to sue LM Ericsson Telefon AB and its US subsidiary Ericsson Inc for issuing false and disparaging statements concerning its CDMA Code Division Multiple Access digital cellular multiplexing technology, which Qualcomm claims has detrimentally affected its product sales. In addition to publicly denigrating the technology, San Diego, California-based Qualcomm said Ericsson has also issued claims of patent infringement, which violated a nondisclosure agreement between the two companies. The agreement, which dates back to 1989, states that elements within the CDMA technology, such as soft handoff and power control, are proprietary to Qualcomm. Ericsson has described the claims as completely without merit, adding it will press its own legal claims. Qualcomm has also filed a suit to intervene in a lawsuit between Oki Electric Industry Co Ltd’s Oki America division and Ericsson. Qualcomm claims that it, not Ericsson, was responsible for licensing Oki’s CDMA products since it had supplied the integrated circuit boards used in the products. Qualcomm argues it has strong grounds to join Oki in establishing Ericsson’s patent and licensing infringements. Oki claims that nine Ericsson patents are invalid.
