Appellate Court Denies Broadcom's Emergency Motion to Stay Preliminary Injunction Obtained by Qualcomm
Qualcomm Incorporated (Nasdaq: QCOM), a leading developer and innovator of Code Division Multiple Access (CDMA) and other advanced wireless technologies, reported that yesterday the Federal Circuit Court of Appeals denied an emergency motion by Broadcom seeking to delay the operation of a permanent injunction obtained by Qualcomm on February 6. Broadcom's motion asked the Court of Appeals to stay enforcement of the injunction pending Broadcom's appeal. The injunction prohibits Broadcom from prosecuting infringement claims against Qualcomm under two of its patents in International Trade Commission (ITC) proceedings initiated by Broadcom last year and set for trial next week.
As announced by Qualcomm earlier this week (see Qualcomm announcement, February 8, 2006), a federal court in San Diego ruled on Monday that the dispute as to the two patents must be litigated in San Diego, not in the ITC. The denial of Broadcom's motion means that the two patents will not be included in the ITC trial.
Qualcomm Incorporated (www.qualcomm.com) is a leader in developing and delivering innovative digital wireless communications products and services based on CDMA and other advanced technologies. Headquartered in San Diego, Calif., Qualcomm is included in the S&P 500 Index and is a 2005 FORTUNE 500® company traded on The Nasdaq Stock Market® under the ticker symbol QCOM.