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Appeals Court Finds Against Qualcomm In Patent Dispute With Broadcom,
by Glen Shapiro, LawAndTax-News.com, New York
Tuesday, December 02, 2008
It emerged on Monday that the United States Court of Appeals for the Federal Circuit has upheld an earlier ruling against wireless technology firm Qualcomm in its patent dispute with semiconductor maker, Broadcom Corporation.
According to a statement from Broadcom, the appeals court found that "Qualcomm
violated its duty to disclose its patents to a standards body and that, as a
result, the patents are unenforceable against products practicing the standard
at issue".
The firm went on to state that in its ruling, the appeals court agreed with
a district court decision "that Qualcomm intentionally organized a plan
to shield its patents from consideration by the JVT, intending to later obtain
royalties from H.264-compliant products".
The two firms have been involved in various skirmishes over patents for several
years, and in September 2008, in a separate case, an appeals court ruled in
Qualcomm's favour, agreeing that seven Qualcomm chips used in mobile phones did
not infringe a power-saving patent.
Qualcomm announced, however, that the news was not all bad on Monday, as it
had seen progress in another ongoing patent dispute, this time with chip packaging
technology license holder, Tessera Technologies.
Qualcomm revealed on Monday that an Administrative Law Judge (ALJ) of the US
International Trade Commission had made an initial determination that Qualcomm's
chip packages did not infringe two patents owned by Tessera, and found that
the patents were valid.
“Qualcomm has maintained from the outset of the case that our chip packages
do not infringe Tessera's patents and we are pleased that the ALJ has agreed
with our position,” explained Alex Rogers, senior vice president and legal
counsel at Qualcomm.
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