The ITC is expected to issue a permanent exclusion order barring the importation into the U.S. of infringing Qualcomm chips, as well as a cease and desist order barring further sales of infringing products that have already been imported by Qualcomm, Broadcom (Irvine, Calif.) said.

Broadcom and Qualcomm (San Diego) have been engaged in multiple patent fights on several fronts, including a lawsuit filed by Broadcom and Texas Instruments Inc. against Qualcomm in South Korea. Broadcom was one of six companies to lodge complaints with the European Commission last year alleging that Qualcomm was unfairly withholding intellectual property.

Last week, a U.S. District Court Judge in San Diego threw out Qualcomm's request to bar Broadcom from developing and selling 3G chips.

Broadcom said Tuesday it asserted infringement of three Broadcom patents by Qualcomm. ITC Administrative Law Judge Charles Bullock found all three patents to be valid and one to be infringed, Broadcom said. Infringing products include cellular baseband processor chips that comprise Qualcomm's core suite of multimedia and convergence handset platforms, according to Broadcom.

Bullock found that Qualcomm violated U.S. trade laws by importing chips and chipsets that infringe Broadcom's patent, according to Broadcom.

"We believe Qualcomm infringes at least 15 additional Broadcom patents across its entire product line, and we expect to take those cases to trial over the next twelve Months," said David Dull, Broadcom senior vice president and general counsel, through the Tuesday statement. "Today's ruling validates our decision to challenge Qualcomm's illegal conduct, and will invigorate us to aggressively enforce our rights going forward."

Bullock's initial determination will now be forwarded to the full six-member ITC, Broadcom said. The ITC is scheduled to make a final determination by Feb. 9, 2007, according to Broadcom.

Qualcomm said in a statement of its own it is exploring designs to replace the allegedly infringing. Qualcomm said that Bullock recommended that no downstream remedies be implemented against the wireless handsets of third parties that incorporate Qualcomm chips and software.

Qualcomm said it would ask the full ITC to reject Bullock's initial determination.

"Qualcomm is gratified with [Bullock's] determination that our company has not infringed two of the three Broadcom patents," said Paul Jacobs, Qualcomm CEO.

"This is a positive step for the wireless industry and millions of consumers whose access to wireless broadband services is threatened by Broadcom's unfounded request for [downstream remedy]," Jacobs added. "Qualcomm will continue to work with the industry to ensure that the Commission reaches the same conclusion on downstream remedy."

Broadcom said it would seek ITC review of Bullock's infringement determinations on the other two patents and his recommendation that the bar on importation not extend to cellular handsets that contain infringing Qualcomm chips.

By: DocMemory
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