ITC Upholds Broadcom/Qualcomm Patent Infringement Ruling

By Colleen Taylor -- Electronic News, 12/11/2006

In the latest development of the ongoing litigation between the wireless technology companies, Broadcom Corp. today announced that the U.S. International Trade Commission (ITC) has upheld an initial determination  that Qualcomm Inc. infringes five claims of a Broadcom patent.

The commission will now consider the appropriate remedy for Qualcomm's infringement, Broadcom said, which could include a permanent exclusion order barring the importation into the United States of infringing Qualcomm chips, a cease and desist order barring Qualcomm from further use or sale of infringing products in the United States, and an exclusion order barring the importation into the United States of cellular phones containing infringing Qualcomm chips.

On October 10, the ITC's administrative law judge Charles E. Bullock determined that one of three patents asserted in the ITC proceeding by Broadcom was indeed infringed by Qualcomm. The commission's decision, issued December 8, rejected Qualcomm's challenges to those findings. According to Broadcom, the infringing products include cellular baseband processor chips that comprise Qualcomm's core suite of enhanced multimedia and convergence handset platforms.

In the next step of the ITC process the commission will receive additional briefing from the parties regarding the appropriate remedy for Qualcomm's infringement, and will issue its determination on remedy by February 9, 2007, Broadcom said.

Qualcomm could not be reached for immediate comment on the ruling.

The courtroom battles between Broadcom and Qualcomm have spanned several years and several continents. In total, Broadcom has asserted that Qualcomm products infringe 18 U.S. patents. Qualcomm will face trial on two more of the Broadcom patents in March 2007 in San Diego, and on five more in May 2007 in Santa Ana, Calif.

In October 2005, Broadcom and five other leading mobile wireless technology companies filed complaints with the European Commission requesting that the Commission investigate Qualcomm's conduct related to the licensing of its patents and the sale of its chipsets for mobile wireless devices and systems. The EC commenced a preliminary investigation, and is determining whether to institute a formal investigation of Qualcomm. A decision is expected later this year.