SAN FRANCISCOA federal judge found Qualcomm Inc. in contempt of an injunction entered last December that was designed to prevent the company from infringing two patents held by Broadcom Corp., Broadcom said Tuesday (Nov. 18).
U.S. District Court Judge James Selna found that Qualcomm (San Diego) by selling and offering to sell enjoined EV-DO chips and by failing to pay royalties on legacy EV-DO chipsviolated provisions of the injunction pertaining to U.S. Patent No. 5,657,317, according to Broadcom.
The court ordered Qualcomm to retrieve the chips and destroy them or, if it is unable to do so, to pay Broadcom Qualcomm's gross profits on the sales, according to Broadcom. With regard to the sales of legacy chips to legacy customers, the court ordered Qualcomm to pay past royalties, plus a penalty, according to Broadcom. The court further ordered Qualcomm to take remedial steps to prevent further violations of the injunction, and awarded Broadcom its attorney fees, Broadcom said.
David Rosmann, Broadcom's vice president of intellectual property litigation, said was the second time Qualcomm has been found in contempt of the same federal court injunction. In August, Selna found that Qualcomm violated the injunction by failing to pay royalties under Broadcom's U.S. Patent No. 6,389,010 on infringing QChat products, he said.