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Court grants green light to Qualcomm antitrust case

Posted: 06 Sep 2007 ?? ?Print Version ?Bookmark and Share

Keywords:Qualcomm antitrust case? monopolization? patent court?

Broadcom scored another round as the U.S. Court of Appeals for the Third Circuit has reversed a lower court decision on its antitrust claims against Qualcomm Inc., allowing the case to go forward.

According to the Broadcom, the three-judge appeals court noted that the case presents "important questions regarding whether a patent holder's deceptive conduct before a private standards-determining organization may be condemned under the antitrust laws." The court ordered that the case proceed in the U.S. District Court for New Jersey.

In July 2006, the U.S. District Court of New Jersey dismissed Broadcom's antitrust complaint against Qualcomm saying that "Qualcomm's alleged conduct does not support claims for monopolization or attempted monopolization."

"We have already seen a finding of standards abuse against Qualcomm in a patent case in San Diego federal court, and are optimistic that we will prevail in New Jersey as well. We plan to return to district court and proceed to trial as soon as practicable," said David Dull, Broadcom's senior VP, business affairs and general counsel.

The Institute of Electrical and Electronics Engineers and VMEbus International Trade Association were among the industry groups that filed supporting briefs in the appeal.

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