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WirelessDevNet.com Press Release
QUALCOMM Clarifies Broadcom's Misleading Description of Court's Ruling
SAN DIEGO, -- QUALCOMM Incorporated
(Nasdaq: QCOM) today stated that Broadcom's press release of February 12, 2007
related to a partial summary judgment ruling by a federal court in San Diego
is misleading. In a hearing held last month, the court ruled that to the
extent QUALCOMM asserted an indirect infringement claim against Broadcom and
Broadcom sells an accused device to Panasonic or Samsung, both of which are
QUALCOMM licensees, Broadcom cannot be accused of indirect infringement for
those sales. Indirect infringement can occur when an accused infringer's acts
alone do not infringe all the elements of a particular patent claim but when
combined with the acts of another unlicensed company meet all the necessary
elements for infringement. However, the judge's ruling does not protect
Broadcom from direct infringement of which Broadcom stands accused in the
case.
"Broadcom's assertions that this ruling 'clears the way for cellular
handset makers Samsung and Panasonic to continue using Broadcom's chips in
WCDMA-based handsets,' is false and misleading," said Lou Lupin, executive
vice president and general counsel, QUALCOMM. "While this particular case
centers primarily on infringement by Broadcom's GSM/GPRS/EDGE products, we
intend to prove that the Broadcom WCDMA chip at issue in the case directly
infringes our patent. Although Broadcom has sold only a very few WCDMA chips,
and therefore QUALCOMM has not focused its patent infringement cases on those
products, there is nothing in the court's ruling that precludes QUALCOMM from
continuing with its current direct infringement claims or from enforcing our
many other WCDMA patents against Broadcom. Likewise, there is nothing in
either Samsung's or Panasonic's licenses with QUALCOMM that would insulate
Broadcom's WCDMA products from claims of direct infringement."
QUALCOMM Incorporated (www.qualcomm.com) is a leader in developing and
delivering innovative digital wireless communications products and services
based on CDMA and other advanced technologies. Headquartered in San Diego,
Calif., QUALCOMM is included in the S&P 500 Index and is a 2006 FORTUNE 500(R)
company traded on The Nasdaq Stock Market(R) under the ticker symbol QCOM.
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