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Broadcom exec refutes Qualcomm announcement

Posted: 06 Nov 2006 ?? ?Print Version ?Bookmark and Share

Keywords:Qualcomm? Broadcom? infringement? patent? patents?

Qualcomm Inc. announced last week that a San Diego, California federal court has enjoined Broadcom Corp. from any further solicitation, use or dissemination of Qualcomm's confidential WCDMA trade secrets, including source code.

According to Bill Blanning, vice president of corporate communications for Broadcom, Qualcomm's press release is "misleading in several fundamental aspects."

"Qualcomm knows that this preliminary injunction is far narrower in scope than the one they requested before the Oct. 2 hearing. They [Qualcomm] also know that at the hearing Broadcom volunteered to enter into an appropriately-narrow preliminary injunction to quarantine a limited set of Qualcomm documents until the parties have an opportunity to argue the merits of the case at trial. We readily agreed to a quarantine because we have never used or had any desire or intention to use those documents," Blanning said in a statement sent to EE Times Asia.

The preliminary injunction reached last week reflects an agreement by the parties to maintain the status quo pending the trial. Blanning added that Broadcom has not misused any of Qualcomm's trade secrets so the quarantine until trial will have no effect on their business. "We remain confident that the court will ultimately find that Broadcom did not misappropriate Qualcomm's trade secrets," he said.

"The documents that have been quarantined represent a small fraction of those originally identified by Qualcomm. And at the Oct. 2 hearing, Qualcomm withdrew its allegations of theft of source code by Broadcom after we demonstrated that they were false," the statement further said. "As reported in Broadcom's original press release, U.S. District Judge Rudi Brewster roundly rejected at the hearing Qualcomm's overreaching and anticompetitive attempt to shut down Broadcom's 3G cellular chip business."

Blanning added that during the said hearing, both Broadcom and Judge Brewster noted that many of the documents originally identified by Qualcomm are "simply not trade secrets."

"The [two] parties subsequently agreed to reduce the documents at issue to a small fraction of those originally identified by Qualcomm. Broadcom and Qualcomm then stipulated to an order whereby the reduced set of documents would be quarantined pending trial in the matter," Blanning said.

History of suits
Broadcom and Qualcomm have been engaged in multiple patent fights on several fronts, including a lawsuit filed by Broadcom and Texas Instruments Inc. at the Korean Fair Trade Commission against Qualcomm in South Korea. Broadcom was one of six companies to lodge complaints with the European Commission last year alleging that Qualcomm was unfairly withholding intellectual property.




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