Qualcomm says court dismisses Broadcom complaint
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Wireless chip developer Qualcomm Inc.   said on Friday the U.S. District Court for New Jersey  has dismissed Broadcom Corp's  antitrust complaint  against Qualcomm in its entirety.
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The U.S. International Trade Commission has denied Qualcomm Inc.'s  request to stay an order banning imports of new phone models with Qualcomm chips the trade agency said infringe a Broadcom Corp.  patent, Broadcom said on Friday.
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Dispute temporarily cools after judge halts investigation initiated by Qualcomm with U.S. International Trade Commission.
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(InfoWorld) - U.S. mobile users waiting for the next crop of phones could breathe a sigh of relief Wednesday when the U.S. Court of Appeals for the Federal Circuit granted a stay on an import ban against handsets that use some Qualcomm chips. The International Trade CommissionÂ (ITC) ordered the ban in JuneÂ after theÂ Qualcomm chips were found to infringe Broadcom patents. It only affected future models, not current imports. If imposed, it could affect handset makers including Motorola, Samsung Electronics, and others, whoÂ filed motions seeking the stay. The latest move lets those manufacturers bring in the new phone models while Qualcomm appeals the ITC's order and seeks a reversal of the patent-infringement ruling. The fight for the stay was considered an uphill battle. Smith Brittingham, a lawyer with Finnegan, Henderson, Farabow, Garrett & Dunner, said in June he could only remember one time when such a ruling had been stayed pending an appeal. âIt would be a significant victory for Qualcomm,â he said at the time. Last month theÂ Bush administration turned downÂ a request by Qualcomm to stop the ban. The stay affects the third-party companies that filed motions, which also include Kyocera Wireless, Sanyo Fisher, T-Mobile USA, LG Electronics MobileComm USA, and AT&T Mobility. The circuit court didn't grant a stay for Qualcomm's own imports, but Qualcomm does not itself import the chips found to infringe Broadcom's patents, according to a Qualcomm press release Wednesday. Broadcom went to the ITC seeking an import ban only against Qualcomm. The third parties and Qualcomm argued in the appeals court that the ITC didn't have the authority to exclude products imported by other companies. The court said the third parties had a substantial case and the harm they might suffer weighed in their favor, according to Qualcomm. Broadcom could not immediately be reached for comment. In July,Â Broadcom reached a deal with Verizon WirelessÂ that would let Verizon continue to import phones using the disputed technology. Under that deal, Verizon will pay Broadcom $6 for every handset, PDA (personal digital assistant) or data card that uses EV-DO (Evolution-Data Optimized) mobile broadband technology. The payments have a ceiling of $40 million per calendar quarter and a lifetime maximum of $200 million. As part of the deal, Verizon also will drop its effort to overturn the ruling. The patent fight is one of a series of intellectual-property disputes between mobile pioneer Qualcomm and Broadcom, a communications chip maker that has moved aggressively into the mobile arena. (Nancy Gohring in Seattle contributed to this story.) Â
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By Jennifer Davies, The San Diego Union-Tribune  Dec. 12--In the latest round of an ongoing legal battle between the  wireless chip makers, the U.S. International Trade Commission ruled yesterday  that Qualcomm is infringing on a patent held by rival Broadcom.
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(InfoWorld) - A federal court won't consider Qualcomm's request for a stay of a trade commission order that bans the importation of its chips into the U.S. The Court of Appeals for the Federal Circuit dismissed Qualcomm's request for a stay of the ban, saying that it can't consider a stay until a presidential review period is over. U.S. President George Bush has 60 days following the U.S. International Trade Commission's decision from June 7 to overturn the ban. If the President doesn't veto the ITC decision, Qualcomm will again file an appeal with the court, said Emily Gin Kilpatrick, a spokeswoman for Qualcomm. This is the second request for a stay that Qualcomm has lost. In late June, just weeks after the ban was issued, the ITC denied Qualcomm's request for a stay. The ITC in early June banned the importation into the U.S. of future versions of Qualcomm chips that infringe on Broadcom patents. A list of mobile companies joined Qualcomm's request for a stay to the federal court, including Verizon Wireless, Sprint Nextel, T-Mobile, Motorola, AT&T Mobility, LG Electronics, Mobilecomm U.S.A., and others. The Friday ruling caps off a difficult week for Qualcomm. On Thursday, Verizon Wireless dropped its participation in efforts to overturn the ITC ruling and announced that it struck a deal that will allow it to continue to import phones with the banned chips by paying Broadcom for each phone. While Qualcomm called the move a positive development, others said the agreement makes it even less likely that the president will overturn the ban because it signals the companies might reach a deal on their own. Qualcomm also suffered a blow overseas this week, where the European Commission said it might mandate the use of DVB-H (Digital Video Broadcasting-Handheld) technology for mobile TV services. DVB-H competes with Qualcomm's MediaFlo technology, which would be forbidden in Europe if the commission were to issue the mandate.
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Wireless chip supplier Qualcomm Inc   said on Wednesday it would be hurt in the short term  by a court injunction on the sale of chips infringing rival  Broadcom Corp's  patents, but it promised to have  alternative products in phones before the end of the quarter.
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In a court decision that could dampen deployment of high-speed wireless Internet in the US, Qualcomm has been banned from shipping cell phone chipsets using three technologies judged as belonging to archrival Broadcom.
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There was scant consolation for chipmaker Qualcomm (QCOM) in a long-awaited court decision on its patent dispute with rival Broadcom (BRCM). On June 7, the U.S.
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A federal judge took action against Qualcomm and six of its outside attorneys on Monday for hiding 46,000 documents in a lawsuit the company filed -- and lost -- against rival Broadcom.Qualcomm sued Broadcom in 2005 alleging violation of two of its patents on video compression technology. The case was one of a string of patent fights between the Southern California communications chip companies, in which&#160;Qualcomm has often come out the loser.Magistrate Judge Barbara Major of the U.S. District Court for the Southern District of California, in San Diego, called Qualcomm&#39;s actions a &quot;monumental and intentional discovery violation.&quot; She referred the attorneys to the State Bar of California for investigation of possible ethics violations and ordered Qualcomm to review its procedures and come up with a plan for collecting evidence in future court cases. She also ordered Qualcomm to pay Broadcom about $8.6 million but said that sum will be reduced by the amount Qualcomm is already paying in damages in the case.&quot;Qualcomm intentionally withheld tens of thousands of decisive documents from its opponent in an effort to win this case and gain a strategic business advantage over Broadcom,&quot; Major wrote in her decision.Part of Broadcom&#39;s defense involved Qualcomm&#39;s involvement in a group that developed the H.264 video compression standard. Qualcomm argued it was not involved in that group, called the Joint Video Team. But the trial revealed that there were e-mail messages and other documents that linked Qualcomm to the group, Major wrote. Although Qualcomm&#39;s attorneys did find documents that supported or didn&#39;t hurt its own side in the case, they didn&#39;t find this evidence that hurt its argument, she wrote. The lawyers &quot;used the lack of evidence to repeatedly and forcefully make false statements and arguments to the court and jury,&quot; Major wrote.Qualcomm has never produced any evidence to explain or justify its not producing the documents, the ruling said.&quot;Qualcomm regrets the discovery errors that occurred in this case. However, as we pointed out in our brief to the appellate court, when Qualcomm discovered additional documents after the trial, it produced them and apologized to the court and Broadcom for the errors. These actions defy any suggestion that Qualcomm engaged in intentional misconduct. We are considering our options, including further appeal,&quot; Qualcomm said in a prepared statement.Last October, after Broadcom sought sanctions against it for the violations, Qualcomm argued that&#160;it had failed to produce the documents because its legal team was disjointed&#160;and engineers at the company didn&#39;t understand technical standards-setting procedures.
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The U.S. ITC gives Broadcom relief for patent violation.
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A federal judge has halted the ban on mobile phones containing chips made by Qualcomm that was imposed after a court earlier determined that the chips violated a patent held by Broadcom.
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A federal judge ruled that the wireless chip maker Qualcomm could sell through January 2009 some chips whose designs infringe patents held by the Broadcom Corporation.
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A U.S. federal judge has clamped further restrictions on Qualcomm&#39;s ability to sell and support certain wireless chip sets, saying that they infringe on three patents held by rival Broadcom.
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A federal court won't consider Qualcomm's request for a stay of a trade commission order that bans the importation of its chips into the U.S.
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The U.S. International Trade  Commission has denied Qualcomm Inc.'s  request to stay  an order banning imports of new phone models with Qualcomm  chips the trade agency said infringe a Broadcom Corp.   patent, Broadcom said on Friday.
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The U.S. International Trade Commission (ITC)&#160;said it will investigate whether Qualcomm is complying with a ban that prohibits it from importing certain chips into the U.S.The investigation is the result of a complaint that Broadcom filed with the U.S. ITC. Qualcomm is importing chips that employ a work-around of a Broadcom patent that the court ruled Qualcomm infringes. Broadcom alleges that the new technology also infringes its patent.The investigation is the latest chapter in a long-running dispute between the two chip companies. In July, the ITC ruled that Qualcomm was infringing on Broadcom patents. In a very rare decision,&#160;the ITC forbade the import of phones that included future versions of certain Qualcomm chips rather than all the offending chips because the commission decided that would have unduly damaged the economy.However,&#160;the U.S. Court of Appeals for the Federal Circuit has since stayed that ruling.One attorney suspects that Broadcom&#39;s most recent complaint to the ITC is an effort to essentially overrule the appeals&#39; court stay.&quot;This enforcement proceeding represents a crafty way for Broadcom to get around the court&#39;s stay and go directly to the ITC to give some teeth to the remedy provided by the ITC,&quot; said Lyle Vander Schaaf, an attorney at Bryan Cave and a former ITC attorney.If the commission decides in Broadcom&#39;s favor, Qualcomm could face millions of dollars in penalties, he said.Broadcom said it is seeking fines and additional orders against Qualcomm.