Litigation

"This patent infringement case involves the consequence of silence in the face of a duty to disclose patents in a standards-setting organization"

The opening paragraph of the Federal Circuit's opinion summarizes today's ruling as follows: "For the reasons set forth below, we affirm the district court's determinations that Qualcomm had a duty to disclose the asserted patents to the JVT, that it breached this duty, and that the JVT misconduct and litigation misconduct were proper bases for the court's exceptional case determination. Because the scope of the remedy of unenforceability as applying to the world was too broad, however, we vacate the unenforceability judgment and remand with instructions to enter an unenforceability remedy limited in scope to H.264-compliant products."

Update: In early news coverage, Reuters provides a report headlined "Qualcomm ruling affirmed, vacated in part-U.S. court."

Full post as published by How Appealing on December 01, 2008 (boomark / email).