Federal Judge Finds Qualcomm in Contempt of Injunction on 3G Cellular and Push-to-Talk Products Previously Found to Infringe Broadcom Patents
IRVINE, Calif., Aug 28, 2008 /PRNewswire-FirstCall via COMTEX News Network/ -- Broadcom Corporation (Nasdaq: BRCM), a global leader in semiconductors for wired and wireless communications, announced that a federal judge today found Qualcomm Incorporated (Nasdaq: QCOM) in contempt of an injunction he ordered last December designed to prevent Qualcomm from continued infringement of three Broadcom? patents.
U.S. District Judge James V. Selna found that Qualcomm violated the injunction by continuing to use and support infringing WCDMA chips and ordered Qualcomm to immediately cease such use and support. The court further found that Qualcomm violated the injunction by failing to pay royalties to Broadcom on its infringing QChat? products. Citing the "egregiousness" of Qualcomm's conduct, the court ordered Qualcomm to pay Broadcom the gross profits Qualcomm has earned on its infringing QChat? products. Judge Selna further ordered Qualcomm to pay Broadcom's attorneys fees in connection with the contempt proceedings.
Additionally, the Court reserved determination of whether Qualcomm should also be held in contempt for post-injunction offers to sell infringing WCDMA chips pending additional discovery and proceedings.
"Over the past two years, Qualcomm has been found to have infringed four Broadcom patents, abused the standards-setting process, and committed gross discovery misconduct, and now has been held in contempt of a court-ordered injunction," said David Rosmann, Broadcom's Vice President, Intellectual Property Litigation. "Qualcomm's conduct demonstrates a startling lack of respect for its competitors' intellectual property, industry standards-setting processes, and the courts."
Broadcom filed the case in U.S. District Court in Santa Ana, Calif., in May 2005. On May 29, 2007, a unanimous jury returned a verdict finding that Qualcomm infringed three Broadcom patents and awarded $19.64 million in damages for past infringement.
About Broadcom
Broadcom Corporation is a major technology innovator and global leader in semiconductors for wired and wireless communications. Broadcom products enable the delivery of voice, video, data and multimedia to and throughout the home, the office and the mobile environment. We provide the industry's broadest portfolio of state-of-the-art, system-on-a-chip and software solutions to manufacturers of computing and networking equipment, digital entertainment and broadband access products, and mobile devices. These solutions support our core mission: Connecting everything?.
Broadcom is one of the world's largest fabless semiconductor companies, with 2007 revenue of $3.78 billion, and holds over 2,800 U.S. and 1,200 foreign patents, more than 7,300 additional pending patent applications, and one of the broadest intellectual property portfolios addressing both wired and wireless transmission of voice, video, data and multimedia.
Broadcom is headquartered in Irvine, Calif., and has offices and research facilities in North America, Asia and Europe. Broadcom may be contacted at +1.949.926.5000 or at http://www.broadcom.com.
Cautions regarding Forward Looking Statements:
All statements included or incorporated by reference in this release, other than statements or characterizations of historical fact, are forward-looking statements. These forward-looking statements are based on our current expectations, estimates and projections about our industry and business, management's beliefs, and certain assumptions made by us, all of which are subject to change. Forward-looking statements can often be identified by words such as "anticipates," "expects," "intends," "plans," "predicts," "believes," "seeks," "estimates," "may," "will," "should," "would," "could," "potential," "continue," "ongoing," similar expressions, and variations or negatives of these words. These forward-looking statements are not guarantees of future results and are subject to risks, uncertainties and assumptions that could cause our actual results to differ materially and adversely from those expressed in any forward-looking statement.
Important factors that may cause such a difference for Broadcom in connection with our litigation with Qualcomm include, but are not limited t
- our ability to prevail in the various federal and state lawsuits and other proceedings against Qualcomm, including any appeals;
- the ability of our patents to protect our intellectual property and products;
- our ability to enforce our intellectual property rights; and
- the risks associated with litigation in general, including the costs and time that must be devoted to litigation, the potential diversion of attention of management and key employees that may result from being engaged in litigation, and the possibility of adverse results.
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