Broadcom to Seek Injunction against Infringing Qualcomm 3G Cellular Products
IRVINE, Calif. -- Nov 23, 2007 -- Broadcom Corporation (Nasdaq: BRCM), a global leader in semiconductors for wired and wireless communications, announced today that a federal judge has let stand a jury verdict that found that Qualcomm Incorporated (Nasdaq: QCOM) infringes three Broadcom patents. Broadcom will now seek to enjoin Qualcomm from making, using, selling and developing third generation (3G) WCDMA and EV-DO cellular chips that infringe any of the patents.
Earlier this year, a unanimous federal jury in Santa Ana, Calif. found that Qualcomm infringed three Broadcom cellular phone baseband patents, and that the infringement had been willful, allowing the judge to double the damage award to Broadcom for past infringement from $19.6 million to $39.3 million.
In August 2007 U.S. District Court Judge James V. Selna awarded Broadcom double damages and its attorneys' fees in the case, based upon the jury's finding of willful infringement. Later Judge Selna decided to reconsider his decision on double damages and attorneys' fees as a result of a subsequent change in the federal law regarding willfulness announced in an unrelated appellate case involving Seagate Technologies. In the wake of the Seagate decision, Qualcomm asked for a new trial on whether its products infringe Broadcom's patents.
On November 21, Judge Selna issued his final ruling in the matter, overturning his earlier award of double damages and attorneys' fees in light of Seagate, but allowing the jury's underlying infringement verdict against Qualcomm to stand. He gave Broadcom the option either to accept his final decision on enhanced damages and thereby avoid a new trial, or to seek a new trial in which the issue of willfulness would be tried again, along with Broadcom's infringement claims.
Broadcom plans to inform the judge that it will not seek a new trial, but instead will accept the $19.6 million in compensatory damages as originally awarded by the jury and will immediately pursue an injunction against Qualcomm's infringing products.
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®.