Qualcomm barred from using Broadcom 3G patents
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A federal judge in California ruled  on Monday that wireless chip maker Qualcomm Inc  must  immediately stop selling third-generation, or 3G, WCDMA  cellular chips that infringe on the Broadcom Corp   patents.
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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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The hit on Qualcomm from a patent suit it lost to rival Broadcom may be slashed because of an unrelated ruling that came down in August.In May, a jury in the U.S. District Court for the Southern District of California found that&#160;Qualcomm infringed three Broadcom patents&#160;and awarded Broadcom $19.6 million. The judge in that case, James Selna, said he would double the damages to more than $39 million because the jury found the infringement was wilful. The damage award isn&#39;t final because other issues in the case are still pending.On Monday, Selna tentatively overturned the double award because of a new standard for proving wilful infringement, said Broadcom attorney David Rosmann. Broadcom can either accept the $19.6 million in direct damages or pursue a new trial in which it would try to prove Qualcomm acted deliberately, he said. Judge Selna ruled any new trial would look at the whole case over again, he said.Broadcom hasn&#39;t decided which path to take, but its priority in the case is getting an injunction to stop Qualcomm from making, using or selling the chips, Rosmann said.&quot;The issue of the injunction is far more important to Broadcom than the damages,&quot; Rosmann said. &quot;We&#39;re hoping to move forward on the injunction as quickly as possible.&quot;In August, the U.S. Court of Appeals for the Federal Circuit upped the ante for patent owners that want to earn higher damages -- they can be as much as tripled -- by proving someone knew they were infringing a patent and did so anyway, according to patent attorney Smith Brittingham of Finnegan, Henderson, Farabow, Garrett &amp; Dunner.&quot;You have to show more comprehension of the situation than you would have had to in the past,&quot; Brittingham said. The Federal Circuit ruling, on a suit against hard-drive vendor Seagate Technology, automatically changed the standard in all federal courts, he said. The ruling could change other pending cases, he said.The new standard probably won&#39;t discourage patent suits among competitors like the Broadcom-Qualcomm dispute, but it may make litigation less attractive for patent-holding companies in the business of suing, Brittingham said.&quot;It&#39;s consistent with the view that ... maybe patent infringement cases have gotten too easy to win and have created an unnecessary drag on business,&quot; he said.Judge Selna asked Broadcom for a decision by the end of this week, Rosmann said. Qualcomm declined to comment on the substance of the case.The suit is one of several between Qualcomm and Broadcom, who are battling over the market for mobile-phone chips.
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A ban on all importation of future 3G handset models using Qualcomm technology could have a big impact on cell phone operators and handset manufacturers.
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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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A federal judge in California ruled that Qualcomm can keep selling some chips whose designs infringe patents held by Broadcom through January 2009.
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A federal jury found Qualcomm Inc.   guilty of infringing three patents owned by smaller  rival Broadcom Corp.  and it awarded Broadcom $19.6  million in damages on Tuesday, the companies said.
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A US trade panel on Thursday banned the importation of certain mobile phones using chips made by Qualcomm, saying they infringed on a patent held by rival maker Broadcom.
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A U.S. district court has dismissed an  antitrust suit filed by microchip maker Broadcom Corp.   against Qualcomm Inc. , but Broadcom said it would  continue to pursue the case.
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The US International Trade Commission sided with Broadcom on Thursday, ruling that all imports of cell phones using Qualcomm chips could not be imported into the country.
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In what could be the final word on the subject from a patent authority, the International Trade Commission has upheld a ruling last October stating that networking technology supplier Qualcomm did indeed infringe upon a critical patent held by technology developer Broadcom.
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A U.S. district court has dismissed an antitrust suit brought by microchip maker Broadcom Corp. against Qualcomm Inc., although Broadcom said it would continue to pursue the case.
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Qualcomm forced to lower high patent royalties Broadcom has now won its second patent spat with Qualcomm in court, this time through a jury trial that lasted nine days, and had at its heart, patents associated with H.264, the new standard codec which comes out of the telecommunications community and the MPEG standards body.â¦
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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.
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New cellphones sold in the United States will not be allowed to use chips from Qualcomm, after a trade agency found the products infringe a patent owned by rival Broadcom.
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A U.S. district court has dismissed an   antitrust suit filed by microchip maker Broadcom Corp. BRCM.O   against Qualcomm Inc. QCOM.O, but Broadcom said it would   continue to pursue the case.