Tuesday, December 12, 2006
Broadcom Corp. has claimed a partial victory in its war with Qualcomm Inc. over 3G handset intellectual property. The U.S. International Trade Commission has upheld an October determination by Administrative Law Judge Charles Bullock that Qualcomm Inc. infringed on five claims of a Broadcom patent.
U.S. Patent 6,714,983, issued March 30, 2004, covers a "modular, portable data-processing terminal for use in a communication network." In October, Bullock found that the patent had been infringed and confirmed the validity of all three patents cited in Broadcom filings. On Dec. 8, the full commission rejected Qualcomm's challenges.
While Bullock recommended no downstream remedies be awarded to handset OEM customers of Qualcomm, the ITC may consider a cease and desist order barring Qualcomm from future use or sale of infringing chips, or an exclusion order barring importation of handsets using those chips into the United States. The ITC will consider remedies in February.
The two companies also are fighting in U.S. District Court in San Diego over wideband CDMA trade secrets. Qualcomm claimed on Oct. 30 that a court injunction had proscribed Broadcom from using such trade secrets, but Broadcom said it had only agreed to a "document quarantine" injunction regarding a limited set of Qualcomm documents. Broadcom said Judge Rudi Brewster had rejected efforts by Qualcomm to implement a broad bar on Broadcom production of 3G baseband processors.
Broadcom and Texas Instruments Inc. also are battling Qualcomm in court in South Korea.
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