Facts

Plaintiff Broadcom Corporation, a developer of semiconductors for wired and wireless communications sued defendant Qualcomm Incorporated, a developer of products and services for wireless communications for infringement of three Broadcom patents in May 2005. Broadcom's patents involve technology for encoding video, for allowing mobile devices to participate on two wireless networks simultaneously, and for enabling push-to-talk applications. The case went before a jury in May 2007.

PLAINTIFF'S CONTENTIONS:
Broadcom contended that certain Qualcomm MSM baseband processor chips (which are used in cellular phones) and Qualcomm's QChat push-to-talk software willfully infringed the three patents. Broadcom also contended that Qualcomm's infringement was willful.

DEFENDANT'S CONTENTIONS:
Qualcomm contended that it did not infringe Broadcom's patents and that Broadcom's patents were invalid.

Result

The jury found that Qualcomm willfully infringed Broadcom's patents and that the patents were not invalid. The jury awarded plaintiff $19.6 million in damages. Judge James Selna initially doubled the damages award but, after the Federal Circuit changed the law on willful infringement, Judge Selna reestablished the damages award to its original amount.

Other Information

Following the trial, Judge Selna presided over a three-day bench trial to determine whether Qualcomm should be permanently enjoined from continued infringement of Broadcom's patents. On Dec. 31, 2007, Judge Selna entered a permanent injunction enjoining Qualcomm from further infringement of Broadcom's patents, but allowing Qualcomm to continue certain infringing activities until January 2009 as long as it pays royalties to Broadcom. Judge Selna denied Qualcomm's request to stay the injunction pending appeal.

Deliberation

three days

Length

13 days