Broadcom, a provider of semiconductors for wired and wireless communications, has announced that a federal judge in the US found Qualcomm in contempt of an injunction entered in December 2007, which was designed to prevent Qualcomm from continued infringement of two Broadcom patents.
As to Broadcom’s US patent, the injunction prohibits Qualcomm from making, using, selling, offering for sale, importing, and developing certain EV-DO chips. The injunction also provides a sunset period during which Qualcomm can continue to sell legacy EV-DO chips to legacy customers until January 31, 2009, provided that it pays a royalty to Broadcom.
With regard to the sales of enjoined EV-DO chips, the court ordered Qualcomm to retrieve the chips and destroy them or, if it is unable to do so, to pay Broadcom Qualcomm’s gross profits on the sales. With regard to the sales of legacy chips to legacy customers, the court ordered Qualcomm to pay past royalties, plus a penalty. The court further ordered Qualcomm to take remedial steps to prevent further violations of the injunction, and awarded Broadcom its attorney fees.
David Rosmann, vice president of intellectual property litigation at Broadcom, said: This is the second time that Qualcomm has been found in contempt of the same federal court injunction. Qualcomm’s ongoing contempt reflects a remarkable disregard for a system meant to protect intellectual property rights.
