March 16th, 2009
Broadcom complaint against rival Qualcomm dismissed
A federal court has dismissed a Broadcom complaint against rival Qualcomm, the latest in the companies’ lengthy battle over mobile phone technology patents, Qualcomm said on Monday.
In October 2008, Broadcom charged that Qualcomm’s misuse of patents resulted in a “double recovery” of royalties, a potential windfall for Qualcomm.
Broadcom said Qualcomm gained royalties on “exhausted” patents. The issue of patent exhaustion often arises in recycled or re-sold components.
Judge William Hayes of the U.S. district court for the Southern District of California said Broadcom failed to show it was entitled to declaratory relief because it did not identify any specific patents that were allegedly exhausted.
Broadcom and Qualcomm are embroiled in a series of legal disputes in courts as well as the International Trade Commission. Experts see the actions as negotiating tactics by both sides seeking an advantage in a licensing agreement.
Last September, a U.S. appeals court affirmed that Qualcomm infringed two patents and upheld an injunction in favor of Broadcom (the appeals court ruled in Qualcomm’s favor in one of the three patents at issue, however).
More on the Broadcom-Qualcomm dispute on ZDNet:
- Matthew Miller: Qualcomm import ban will effect U.S. 3G data networks
- U.S. court dismisses Qualcomm appeal of ITC ban
- Nokia to ITC: Bar U.S. import of Qualcomm chips
- Marguerite Reardon: Qualcomm cell phone ban to take effect
- Nokia’s newest punch: Patent suit against Qualcomm
- Court stays ban on handset imports
Andrew J. Nusca is an associate editor for ZDNet and SmartPlanet.
See his full profile and disclosure of his industry affiliations.
