LONDON In the latest episode of the long running saga between Broadcom Corp. and Qualcomm Inc, the U.S. Court of Appeals for the Federal District has turned down Qualcomm's request to hold off imposition of an injunction against sales of some of the company's mobile phone chips while Qualcomm (San Diego, Calif.) pursues an appeal of a patent suit won by Broadcom last July.
Qualcomm wanted to continue selling the W-CDMA chips while it appealed that verdict.
The appeals court also dismissed an attempt by Sprint Nextel Corp. to intervene in the case.
"We are gratified that the U.S. Court of Appeals rejected Qualcomm's motion for a stay, leaving in force the injunction against Qualcomm's infringement issued by the U.S. District Court in Santa Ana," Broadcom General Counsel David Dull said in a statement.
And in another statement, Qualcomm responded: "Although our motion for a stay was denied, the Federal Circuit has recognized the need for a speedy resolution of the many issues raised by the verdict and remedy in this case, and has therefore granted Qualcomm's motion for an expedited schedule for briefings and oral argument."
Under U.S. District Judge James Selna's order, Qualcomm also must pay mandatory royalties to Broadcom (Irvine, Calif.) for the chips it sells during the "sunset period" ending January 31, 2009.
The Judge said late last year Qualcomm can keep selling some chips whose designs infringe patents held by Broadcom through January 2009.
A few days later, in January 2008, Qualcomm responded to the court ruling by announcing the immediate availability of UMTS devices that it says comply with the ruling.
The company also stressed it is continuing development of possible "work-arounds" for the two disputed patents, covering simultaneous-network-access and push-to-talk technologies.
The dispute between the two communications chip makers stretches back over two years.