Qualcomm and Broadcom were back in court today as the two companies battled over an appeal to last years ruling that blocked Qualcomm from importing WCDMA chips. Last December, U.S. District Judge James Selna ruled that Qualcomm would have to stop importing some WCDMA chips, but could continue to sell some chips which infringed Broadcom patents until January 2009.
The decision updated a ban imposed in July by the International Trade Commission.
Qualcomm was also is restricted to selling only EV-DO cellular chips it was offering as of May 29 - when another jury found that it had infringed on the Broadcom patents - and only to customers it had as of that date. Qualcomm is also required to pay royalties to Broadcom for the chips it sells during the "sunset period" ending January 31, 2009.
Two of the three appeal judges seemed skeptical of some of Qualcomm's arguments that the lower court was wrong in ruling that the company had infringed on Broadcom patents - and wrong in imposing the import ban. A Former judge and special prosecutor, Kenneth Starr speaking on behalf of sixteen manufacturers and three mobile network operators also asked for the ban to be canceled.
The patent in question is for a device that lengthens the life of cellphone batteries. A separate hearing on Tuesday focused on chips that allow Internet access from phones.
Posted to the site on 10th July 2008