IRVINE, Calif. -- Oct 08, 2008
-- Broadcom Corporation (Nasdaq: BRCM), a global leader in semiconductors for wired and wireless communications, today announced that it has filed a complaint seeking a declaratory judgment that the sales and licensing practices of Qualcomm Incorporated (Nasdaq: QCOM) amount to patent misuse, that Qualcomm patents are "exhausted" by Qualcomm's practices, and that Qualcomm's patents and patent licenses are unenforceable, under applicable U.S. law.
The complaint, filed yesterday in the United States District Court for the Southern District of California in San Diego, asserts, among other things, that Qualcomm's use of "exhausted" patents to control post-sale use of products in the wireless communications industry results in a double recovery of royalties (or other consideration) to Qualcomm for the use of its patents. It further asserts that these practices constitute patent misuse that has brought Qualcomm a financial windfall and brought harm to the industry and consumers.
The U.S. Supreme Court recently ruled on the scope of the patent exhaustion doctrine in Quanta Computer, Inc. v. LG Electronics, Inc.
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.