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: JURIST - The Paper Chase

Qualcomm and Broadcom settle patent infringement suit

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] Wireless communications company Qualcomm Inc. reached a settlement in a lengthy legal battle with rival firm Broadcom, under which it will pay Broadcom $891 million. Under the terms of the settlement, the companies agree not to assert patents against each other for their respective integrated circuit products and certain other products and services, which include integrated circuit products incorporated into cellular and non-cellular products. The agreement dismisses with prejudice all litigation between the two companies and provides that:Broadcom customers do not receive rights to any of Qualcomm's patents used in integrated circuit products incorporated into cellular products and equipment and Qualcomm will pay Broadcom $891 million in cash over a period of four years, of which $200 million will be paid in the quarter ending June 30, 2009. The agreement does not provide for any other scheduled payments between the parties.Last month, a federal court dismissed Broadcom's antitrust complaint against Qualcomm. Broadcom had filed the 2008 complaint following the Supreme Court's decision in Quanta v. LG Electronics, an antitrust case in which the Court held that the sale of a patent triggers exhaustion. That decision was only the latest in a long series of legal battles between the two corporations. In December, the US Court of Appeals for the Federal Circuit affirmed in part a holding against Qualcomm on the basis of patent holdup. In September, the federal appeals court affirmed an injunction against Qualcomm on the basis of their alleged infringement of two Broadcom patents. VOTE FOR JURIST JURIST is nominated for a 2009 Webby Award as best Law website. Please vote for us here!

Full post as published by JURIST - The Paper Chase on April 27, 2009 (boomark / email).