The action, which was filed in Delaware Chancery Court, is the third round of a protracted legal wrangle between Dallas-based TI and San Diego-based Qualcomm. The quarrel started in July when Qualcomm filed suit in the Deleware court against TI over the issue of confidentiality of the patent-portfolio sharing agreement the two entered into in December 2000. On September 8, TI filed a motion to dismiss that initial Qualcomm suit, but the court has yet to rule on the motion.

In the latest round, TI is seeking a court order requiring Qualcomm to adhere to the terms of the cross-licensing agreement between the two companies. TI also seeks an injunction to prohibit Qualcomm from making false or misleading statements about the parties' respective rights and obligations.

According to a TI statement, it has filed the complaint under seal, "since it refers to certain nonpublic sections of the agreement that describe the extent to which TI and Qualcomm may pass through chip set licenses to CDMA handset manufacturers."

"We brought this action," said TI Senior Vice President and General Counsel Joseph Hubach, "because we have received reports that Qualcomm is offering handset royalty discounts to handset manufacturers only if they purchase CDMA chip sets from Qualcomm. We are asking the Delaware court to enforce the terms of the agreement."

By: DocMemory
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