Tag Archive: Broadcom

It’s one of the tech world’s never-ending stories: infringement lawsuits between wireless chip makers Broadcom and Qualcomm. The two companies have been involved in protracted and bitter disputes over CDMA patents, with Broadcom even winning an injunction to keep infringing Qualcomm chipsets from being imported into the United States—an a judge recently ruled Qualcomm in contempt of that injunction. Now, Broadcom has filed a new suit against Qualcomm, alleging the company is using “exhausted” patents that are no longer enforceable under U.S. law to control post-sale use of particular wireless communications products—and that practice results in a double recovery of royalties and other frees to Qualcomm. According to Broadcom, the practice not only brings an undeserved windfall to Qualcomm,but also constitutes patent misuse since it harms the wireless industry and the greater consumer marketplace.

U.S. District Judge James Selna has found that telecommunications gear maker Qualcomm has violated an injunction by continuing to use and support WCDMA chips in its QChat walkie-talkie products that allegedly infringe on three Broadcom patents. Now, Qualcomm will have to pay Broadcom the gross profits from the sale of those devices, as well as attorneys’ fees from the contempt proceedings.

"Over the past two years, Qualcomm has been found to have infringed four Broadcom patents, abused the standards-setting process, and committed gross discovery misconduct, and now has been held in contempt of a court-ordered injunction," said Broadcom intellectual property VP David Rosmann, in a statement. "Qualcomm’s conduct demonstrates a startling lack of respect for its competitors’ intellectual property, industry standards-setting processes, and the courts."

The patent battle between chipmaker Broadcom and technology giant Qualcomm has taken a sudden turn: a federal judge has issued an injunction (PDF) that not only bars Qualcomm from selling wireless phone technology in the United States that infringes on three Broadcom patents, but Qualcomm is also enjoined from supporting existing products built using those technologies.

“We are very pleased with today’s ruling, which addresses Qualcomm’s improper use of our patented technology covering cellular chips and software for advanced consumer devices,” said Broadcom senior VP and general counsel David A. Dull, in a statement. “Broadcom should not have to compete against companies that use Broadcom’s own patented technology against us, and this injunction puts a stop to Qualcomm doing just that.”  Read more...

Qualcomm is finding its options dwindling in the fight to be able to import phones bearing chips that infringe on another company’s patent.  Qualcomm had appealed to the U.S. International Trade Commission to put its June 7 ban on hold. Last Thursday the Commission refused. The order will become finalunless vetoed by July 6 by the U.S. Trade Representative. Qualcomm has lobbied the Bush administration for help, but without success so far. Now it has to hope fora stay from the appeals court.   At the heart of the matter is an order that stops Qualcomm importing phones it’s made containing chipsets that have been found to infringe the patent ofanother company, Broadcom. It only applies to 3G phones brought into the country after June 7, not raw chips not in handsets, or handsets the company wasimporting prior to the ban.   There’s a strong possibility that Qualcomm will have to reach some kind of agreement with Broadcom over the issue. Broadcom General Counsel David A. Dullsaid,   “Broadcom simply wants to be adequately compensated for the use of our intellectual property and to be able to compete fairly in the cellular markets.”   Qualcommisn’t the only one asking for a White House veto of the ban. The cellular industry association, CTIA, has also called for one, stating the ban wouldremove incentive for carriers to offer next-generation services.   The federal appeals court, where Qualcomm is testing the decision, has requested that the ITC respond by the end of June. Ifnone id forthcoming, it will ratchet up the pressure on Qualcomm to settle with Broadcom.   However, even then, all might not be lost. The White House has 60 days in which to veto the order.