Qualcomm Incorporated (Nasdaq: QCOM) announced that a federal jury in Santa Ana, California returned verdicts today finding that certain of Qualcomm’s products infringe three patents owned by Broadcom Corporation. The jury found that Qualcomm does not infringe one claim of one of the Broadcom patents. The three patents at issue in this case (U.S. Patents Nos. 6,847,686; 6,389,010; and 5,657,317) were acquired by Broadcom from third parties and then asserted by Broadcom against certain Qualcomm products. The court set a hearing for June 18 to schedule post-trial motions and further proceedings, including whether any injunctive relief is appropriate.
Broadcom filed the lawsuit in May 2005, alleging that five of its patents had been infringed. During the course of the litigation, Broadcom dismissed one patent, and the court stayed the case with respect to a second patent. Broadcom had purchased all the patents at issue, and none of the patents Broadcom litigated at trial were inventions developed specifically in connection with cellular technology or standards.
The jury awarded Broadcom a total of $19.6 million in damages and found that Qualcomm’s infringement was willful. A damages award may be increased up to three-fold for willful infringement. The trial judge will determine whether there should be any increase in the damages award based on the finding of willfulness.
“We continue to believe that none of the Broadcom patent claims are valid or were infringed by Qualcomm, and we will challenge the jury’s findings of infringement, validity and willfulness in post-trial motions and on appeal if necessary,” said Lou Lupin, executive vice president and general counsel, Qualcomm.
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 2007 FORTUNE 500® company traded on The Nasdaq Stock Market® under the ticker symbol QCOM.
Except for the historical information contained herein, this news release contains forward-looking statements that are subject to risks and uncertainties, including the Company’s ability to successfully design and have manufactured significant quantities of CDMA components on a timely and profitable basis, the extent and speed to which CDMA is deployed, change in economic conditions of the various markets the Company serves, as well as the other risks detailed from time to time in the Company’s SEC reports, including the report on Form 10-K for the year ended September 24, 2006, and most recent Form 10-Q.