U.S. Court of Appeal confirms jury ’s ruling on Qualcomm ’s infringement of two Broadcom patents
Broadcom (Broadcom), a leader in the wired and wireless communications semiconductor market, announced that the US Federal Circuit Court of Appeals recently maintained a jury ’s unanimous ruling that Qualcomm ’s cellular phone chips and software infringed two Broadcom ’s patents The injunction by the district court on these two patents. The Court of Appeal also rejected Qualcomm ’s request for a retrial. The court ruled that the third patent was invalid.
"The decision of the Court of Appeal was a major victory for Broadcom's efforts to protect our intellectual property," said David Rosmann, Broadcom's vice president of intellectual property litigation.
Broadcom filed a lawsuit for patent infringement in the District Court of Santa Ana, California, in May 2005. On May 29, 2007, the jury made a verdict that Qualcomm had infringed three Broadcom patents and awarded Broadcom compensation for past infringements. At the end of last year, U.S. District Judge James V. Selna issued an injunction against Qualcomm to stop Qualcomm ’s continued infringement of these three patents.
In August 2008, Judge Selna ruled that Qualcomm disregarded the ban and failed to pay Broadcom the patent royalties for the infringing product QChat (R), as well as other acts. The court cited these unreasonable acts of Qualcomm and ordered Qualcomm to deliver the gross profit it obtained from the infringing product QChat to Broadcom. Judge Selna further ordered Qualcomm to pay Broadcom ’s attorney fees associated with the disregard of the ban.
The two patents supported by the Court of Appeal are U.S. Patent No. 5,657,317, the jury ruled that it was infringed by Qualcomm ’s EV-DO technology; and U.S. Patent No. 6,389,010, the jury found that it was infringed by Qualcomm ’s QChat chip and software . The third patent deemed invalid is US Patent No. 6,847,686, which is related to video processing technology.
The Santa Ana case is one of Broadcom ’s ongoing prosecutions against Qualcomm for patent infringement, anti-competitive behavior, and fraud. Qualcomm's all patent infringement cases filed against Broadcom, the final result is either a defeat or Qualcomm's withdrawal.
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