US Federal District Judge James V. Selna issued an injunction this week against further distribution of some Qualcomm Incorporated products for the United States market that were found to infringe three Broadcom patents.
The order imposes an immediate injunction on WCDMA products for the US market that were found to infringe the '686 video encoding patent. Qualcomm immediately announced the availability of new chips that have already been sampled to customers and it expects to have hardware and software work-arounds to the '686 patent commercially available in handsets before the end of the first calendar quarter of 2008.
The ruling provides a “sunset” provision that stays the order until Jan. 31, 2009 for QChat and 1x/EV-DO products that were found to infringe any of the three patents by providing Qualcomm a limited license, subject to an ongoing royalty payment. This license is limited to products that were sold to customers on or before the jury verdict was delivered on May 29, 2007. The '010 and '317 patents apply only to Qualcomm's QChat and 1x/EV-DO products. Qualcomm says it is continuing the development of work-around solutions for the '010 and '317 patents.
Qualcomm says that while it will attempt to obtain further relief and clarity from the courts on certain aspects of the order, the inability to obtain such relief will likely have an immediate, short-term impact as handset customers transition to new designs for WCDMA products relating to the '686 patent, medium-term impact to certain products in the development pipeline for the U.S. market, and longer-term ability to implement work-arounds in time for commercial availability of handsets by the January 2009 sunset expiration.
Broadcom said it was happy with the ruling. "The ruling is very close to what we asked for," said David Rosmann, Broadcom's vice president for intellectual-property litigation.
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