Federal Judge Vacates Jury’s Finding Of "Willfulness" In Patent Infringement Case Against Qualcomm and Eliminates Award Of Enhanced Damages And Attorneys’ Fees To Broadcom
SAN DIEGO .— Qualcomm Incorporated (Nasdaq: QCOM), a leading developer and innovator of Code Division Multiple Access (CDMA) and other advanced wireless technologies, today announced that a federal judge has vacated a jury’s finding of willfulness in a patent infringement action brought by Broadcom against Qualcomm, and ruled that the awarding of enhanced damages and attorneys’ fees against Qualcomm, which were based on a jury’s findings of willful infringement, cannot stand.
Given a choice by Federal District Judge James V. Selna to either elect a new trial on all issues, or simply accept the jury’s unenhanced liability and damage verdicts, Broadcom has chosen the latter option. A jury in August found that Qualcomm had infringed three patents owned by Broadcom and awarded $19.6 million in damages. The judge ruled on November 21, 2007 that recent case law clarified that the jury had received erroneous instructions regarding willful infringement.
“We are pleased with the Court’s ruling on willfulness and damages,” said Alex H. Rogers, senior vice president, legal 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 31, 2007, and most recent Form 10-Q.
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