The U.S. International Trade Commission upheld an initial determination against San Diego-based chip maker Qualcomm Inc. Dec. 11 that the company infringed on five claims of a Broadcom Corp. patent.
On Oct. 10, commission administrative law Judge Charles E. Bullock determined that all three of Broadcom’s patents asserted in the proceeding were valid and that Qualcomm infringed on one of them.
Qualcomm challenged the decision and the commission rejected its challenges to the ruling Dec. 8.
According to a Broadcom release, remediation for the Qualcomm infringement could include a permanent exclusion order barring the importation of Qualcomm chips into the United States, a cease and desist order barring Qualcomm from the use or sale of infringing products in the United States and a possible exclusion order barring the importation of cellular phones containing infringing chips into the United States.
According to a Qualcomm release issued Dec. 11, Bullock strongly recommended against any order barring the importation of Qualcomm handsets manufactured by Qualcomm’s customers.
Louis M. Lupin, Qualcomm senior vice president and general counsel, said that if the commission follows the judge’s “well-reasoned recommendations” for remediation, the commission’s order would not be disruptive to Qualcomm’s business practices.
By Feb. 9, the commission will hand down its decision on the appropriate remedy. The president of the United States then has 60 days to approve or disapprove the remedy.
, Andy Killion