Qualcomm Incorporated (Nasdaq: QCOM), a leading developer and innovator of Code Division Multiple Access (CDMA) and other advanced wireless technologies, today announced that on October 20 the United States Patent and Trademark Office (PTO) determined that it will reexamine the validity of one of the patents Broadcom has asserted against Qualcomm in the International Trade Commission (ITC). The PTO will reexamine U.S. Patent No. 6,374,311 B1 ('311 patent). In findings issued on October 10, 2006, the Administrative Law Judge (ALJ) presiding over the ITC matter determined that Qualcomm does not infringe this patent but also concluded that the patent was not invalid. The PTO's decision to review the validity of the '311 patent is based not only on information that was before the ALJ in the ITC, but also on additional information that has come to light since the evidentiary record was closed in the ITC. The PTO undertakes reexamination of an issued patent when, as here, information is presented to the PTO that raises a substantial new question of patentability.
Earlier this year, the PTO also determined that it would reexamine the validity of U.S. Patent No. 5,425,051 ('051 patent) which Broadcom has asserted against Qualcomm in a case currently pending in the United States District Court for the Central District of California. In reexamination, the PTO has the authority to determine that the claims asserted against Qualcomm are invalid. Under the PTO's rules, an initial decision on whether the patent claims asserted against Qualcomm are valid, should be made within a year.
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 2006 FORTUNE 500® company traded on The Nasdaq Stock Market® under the ticker symbol QCOM.