Whale's lawsuit, filed in November 2004, sought over $400 million in damages relating to purported agreements with Qualcomm (San Diego) for services to be performed in the former Soviet Union. The court dismissed the claims on the grounds that they were legally meritless as well as barred by the applicable statute of limitations.

"Qualcomm is gratified that the Court has found Whale's sensationalist and inflated claims to be meritless," said Bill Sailer, senior vice president and legal counsel, in a statement. It is unknown whether Whale plans to appeal the decision.