Jan 26, 2007 (07:01 PM EST)
Broadcom Claims Legal Win Over Qualcomm

Read the Original Article at InformationWeek

SAN JOSE, Calif. — Broadcom Corp. Friday (Jan. 26) claimed a federal jury in San Diego found that the company had not infringed upon two patents for digital video compression owned by Qualcomm Inc.

The nine member U.S. District Court jury reached its unanimous verdict, rejecting Qualcomm's claims of infringement following a nine day trial that included testimony from multiple experts as well as the companies' chairmen, Broadcom co-founder Henry Samueli, and Qualcomm co-founder Irwin Jacobs.

In an advisory opinion to the presiding judge, the jury found that Broadcom "proved by clear and convincing evidence that Qualcomm knowingly violated a duty to disclose its patents to the Joint Video Team, or its parent organization, during the JVT's preparation and eventual adoption of the video compression industry standard known as the H.264 standard," according to the Irvine, Calif.-based company.

In a second advisory opinion to the judge, the jury found that Broadcom "proved by clear and convincing evidence that Qualcomm committed inequitable conduct before the U.S. Patent and Trademark Office (USPTO) by breaching its duty of honesty and good faith in dealings with the USPTO," according to Broadcom.

Today's victory marks Broadcom's second consecutive win against Qualcomm involving intellectual property issues. Last fall, a U.S. International Trade Commission (ITC) judge ruled that Qualcomm's cellular baseband chips infringe five claims of a Broadcom patent. The full Commission affirmed that ruling in December and is now considering remedies against many Qualcomm products. The ITC action was the first of several patent disputes between the companies to go to trial.

Broadcom is now in the final stages of preparing additional cases that go to the heart of its patent infringement disputes with Qualcomm concerning cellular baseband chips.

In March 2007, the U.S. District Court in San Diego is scheduled to try Broadcom's claims that Qualcomm infringes two Broadcom patents relating to Bluetooth technology in cellular phones. Then in May 2007, the U.S. District Court in Santa Ana, Calif. is scheduled to try Broadcom's claims that Qualcomm infringes three additional Broadcom patents relating to cellular technology.

Qualcomm and Broadcom have other, later-filed patent disputes pending in U.S. District Court in San Diego that are also expected to be tried this year. Following conclusion of the ITC proceeding, expected this March when the Commission is scheduled to rule on remedies for Qualcomm's infringement, Broadcom will also litigate in the Santa Ana court the same three patents that were tried last year in the ITC.

Altogether, Broadcom currently has infringement claims from 14 different Broadcom patents awaiting trial against Qualcomm.