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Qualcomm Plans To Appeal Cell Phone Ban In Broadcom Case


In another development, Qualcomm reported Tuesday that a federal judge has ruled that the company 'committed misconduct' during litigation with Broadcom by failing to produce thousands of documents.



Backed into a corner by a decision by the Bush Administration that calls for Qualcomm to pay licensing fees to Broadcom, Qualcomm said it will appeal the decision and renew its request for a stay of the International Trade Commission ruling that bans certain cell phone imports using Qualcomm chips and intellectual property.

Qualcomm lost patent-infringement litigation to Broadcom in a bitter two-year case. The ruling has led mobile phone service providers such as Verizon to forge separate deals with Broadcom to ensure that the supply of 3G cell phones into the United States continues unabated.

"The ITC remedy announced on June 7 was the measured and fair outcome of a two-year investigative process," said David Dull, Broadcom's senior VP and general counsel, in a statement. "The comprehensive 60-day interagency review of the ITC order involved senior policy experts from a wide range of executive branch agencies, including the Office of the Trade Representative, the Treasury Department, the Department of Homeland Security, the Commerce Department, and the State Department, among others."

Qualcomm countered that it intends to pursue all legal and technical options at its disposal "to minimize the impact o the ITC order on consumers, our customers, and the entire wireless industry."

The patents involved generally relate to power conversion technology in 3G phones.

In another development, Qualcomm reported Tuesday that a federal judge has ruled that the company "committed misconduct" during litigation with Broadcom by failing to produce thousands of documents relevant to the case. Qualcomm noted that it has apologized, but said it plans to appeal the ruling.

Qualcomm is also involved with Nokia in bitter and protracted litigation over patents.


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