Tuesday, March 17, 2009

Broadcom charge on patent exhaustion against Qualcomm lacks specificity

The San Diego Union-Tribune noted: Wireless giant Qualcomm said yesterday [March 16] that it scored a victory against rival Broadcom after a federal judge threw out a patent case that sought to upend Qualcomm's licensing business model.

from IDG :

Judge Hayes agreed with Qualcomm: "Although Broadcom acknowledges that Qualcomm possesses thousands of patents relating to wireless chipsets and handsets, Broadcom does not identify with any specificity the patents which it requests that the court declare exhausted," he wrote. "The court cannot make this determination on the facts as alleged in the complaint because Broadcom does not identify with any specificity a patent that was substantially embodied in a chipset or handset, or an exhaustion triggering sale or license."

Broadcom said in a statement it intends to refile the lawsuit within two weeks.

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