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January 2, 2008
Barbequed
The
cell phone chip battle of the decade sizzles on. Though Broadcom pecked first in
2005, Qualcomm started it by playing "chicken," and has been roasted on the spit
ever since. After suffering an
ITC import ban
last year, Southern California U.S. District Judge James Selna has slapped
another injunction on Qualcomm.
The Broadcom patents cover aspects of digital video (6,847,686), simultaneous cellphone use on multiple networks (6,389,010), and a walkie-talkie cellphone feature (5,657,317).
The infringing chips are used in devices used on the Sprint and Verizon networks.
Infringing Qualcomm chips may still be sold until January 2009, but only if Qualcomm pays royalties: 6% for the digital video patent, 4.5% on multiple networks use, with a royalty rate yet to be negotiated for the walkie-talkie feature. The rates date to jury award. No more chips after the 2009 deadline if Qualcomm doesn't come to terms.
Broadcom had been awarded $19.6 million for past damages.
Qualcomm was stunned into admitting an "immediate, short-term impact," while vowing to introduce workarounds as soon as April. In related news of fantastic possibilities, the man in the moon is looking for a nice fez to wear so as to cover some unsightly craters.
Broadcom has more ammunition in its patent artillery: "We have additional cases that we will continue to move forward with."
Posted by Patent Hawk at January 2, 2008 5:11 PM | ITC