Qualcomm Incorporated (Nasdaq: QCOM), pioneer and world leader of Code Division Multiple Access (CDMA) digital wireless technology, today announced that the Delaware Court of Chancery has denied Texas Instruments Incorporated's motion to dismiss Qualcomm's claim for termination of Texas Instruments' rights under the Patent Portfolio Agreement signed by the companies in December 2000. In denying Texas Instruments' motion, the court opined that Qualcomm "has alleged facts that, if accepted as true, may support a finding that the breach of the contract is so substantial that it defeats the object of the parties in making the contract."
Qualcomm sued Texas Instruments for breach of the Patent Portfolio Agreement in July 2003 in the Delaware Superior Court. In response, Texas Instruments filed an action against Qualcomm in the Chancery Court. Qualcomm then voluntarily dismissed its Superior Court case and refiled its claims in the Chancery Court action to avoid having duplicative lawsuits addressing the same agreement. Shortly thereafter, Texas Instruments filed a motion to dismiss Qualcomm's claims. The Chancery Court denied the motion on March 15, 2004.
Qualcomm Incorporated (www.qualcomm.com) is a leader in developing and delivering innovative digital wireless communications products and services based on the Company's CDMA digital technology. Headquartered in San Diego, Calif., Qualcomm is included in the S&P 500 Index and is a 2003 FORTUNE 500® company traded on The Nasdaq Stock Market® under the ticker symbol QCOM.