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Contracts
Breach of Contract
Breach of Covenant of Good Faith and Fair Dealing

Qualcomm Incorporated v. Trimble Navigation Ltd.

Published: May 20, 2003 | Result Date: Mar. 12, 2003 | Filing Date: Jan. 1, 1900 |

Case number: GIC777434 Verdict –  $916,950

Judge

Vincent P. DiFiglia

Court

San Diego Superior


Attorneys

Plaintiff

David E. Kleinfeld

Heidi Maley Gutierrez


Defendant

Allan E. Anderson
(ArentFox Schiff LLP)

Timothy L. Skelton


Experts

Plaintiff

Len Jacobson
(technical)

Robert H. Wallace
(technical)

Defendant

Samuel Pullen
(technical)

George E. Miller
(technical)

Facts

Qualcomm sued Trimble Navigation Ltd. over defective Global Positioning System (GPS) receivers, which Qualcomm had purchased from Trimble. Qualcomm contended the receivers failed to meet government specifications for a Y2K-type of event unique to GPS, called Week Number Rollover (WNRO). While Trimble acknowledged that their receivers would fail under a certain scenario, they contended that the failure scenario would never be triggered and that QualcommÆs concerns were unreasonable. The jury found in favor of Qualcomm and awarded damages of $916,950, which exceeded QualcommÆs statutory offer of compromise.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $799,000 in October 2002. The defendant made a C.C.P. Section 998 offer of $300,000 in October 2002. The defendant increased its offer to $350,000 before trial.

Other Information

A mediation was held in September 2002 before Justice Howard Wiener. No agreement was reached. The verdict was reached approximately one year and four months after the case was filed.

Deliberation

less than one day

Poll

10-2

Length

nine days


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