Qualcomm said the ruling in the Delaware Court of Chancery confirmed that TI was in breach of the companies’ patent portfolio agreement, and that the case would now go to trial to determine the extent of TI’s liability.

It added that the court had refused TI’s motion for a summary judgment on its counter claims against Qualcomm.

For its part, TI claimed the court indicated it did not believe TI had made a material breach of the companies’ agreement, and that Qualcomm was not entitled to terminate the agreement.

The two companies originally signed a cross license agreement in December 2000, covering TI’s DSP and analog technology, and Qualcomm’s patents which underlie the CDMA wireless standard.

Qualcomm filed a suit in July 2003, accusing Dallas-based Texas Instruments of breaking a confidentiality provision of the deal. It demanded that the agreement be terminated, and that it receive damages.