Broadcom Wins Latest Round in Legal Battle with Qualcomm

Published on: 5th September 2007

A US appeals court has ruled that Broadcom can press ahead with its antitrust case against arch-rival, Qualcomm - but only on two of the eight original charges. The decision by the court has reversed a verdict by a lower court last August to dismiss the entire case. Broadcom did not appeal the dismissal by the District Court of four of its claims. While the Court of Appeals disagreed with the District Court's decision to dismiss Broadcom's two remaining federal claims, Qualcomm says that it is mindful that the Court was required by settled procedural rules to accept as true at this stage of the case all allegations made by Broadcom in its complaint.

The three-judge appeals court noted that the case presents "important questions regarding whether a Patent holder's deceptive conduct before a private standards-determining organization may be condemned under the Antitrust laws."

Qualcomm says that it is (obviously) pleased that the Court of Appeals agreed with the District Court's dismissal of Broadcom's claims related to Qualcomm's conduct with regard to CDMA technology and chips, as well as the Company's acquisition of Flarion, a developer of OFDM/OFDMA and other technologies.

"We are pleased that we will get our day in court and will have the opportunity to show how Qualcomm's conduct violates our nation's antitrust laws," said David A. Dull, Broadcom's Broadcom's Senior Vice President, Business Affairs and General Counsel. "We have already seen a finding of standards abuse against Qualcomm in a patent case in San Diego federal court, and are optimistic that we will prevail in New Jersey as well. We plan to return to district court and proceed to trial as soon as practicable."