One victory short of a legal hat trick, Texas Instruments Inc. today said a Delaware court has ruled in its favor in two suits concerning Qualcomm Inc.

The Dallas-based company said the court has expressed its intent to grant TI's motion for summary judgment in a lawsuit between it and Qualcomm. According to TI, the court indicated it agreed with TI's argument that its disclosure of information regarding terms of a patent cross-license agreement was not a material breach, and that Qualcomm is not entitled to terminate TI's rights to Qualcomm's CDMA patents under the agreement. 

"Qualcomm's efforts to strip us of our rights under this cross-license agreement have failed.  This is a victory for TI," Senior VP and General Counsel Joseph F. Hubach said in a statement. "We are grateful for the expeditious manner in which the court has dealt with this case." 

The court is expected to consider Qualcomm's claims for damages based on a non-material breach at a trial scheduled to begin August 16. 

In addition to this suit, which Qualcomm filed against TI on July 25, 2003, TI filed suit Sept. 23, 2003, alleging that Qualcomm violated the cross-license agreement by granting royalty discounts to handset makers that use Qualcomm's semiconductor products.  The court indicated today that it intends to grant Qualcomm's motion that it did not breach the agreement on this issue, TI claimed. 

TI expects the court to issue a written opinion confirming these indications.

By: DocMemory
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