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Broadcom alleges Qualcomm of patent misuse

Posted: 10 Oct 2008 ?? ?Print Version ?Bookmark and Share

Keywords:wireless communications? patent complaint?

Broadcom Corp. has filed a complaint seeking a declaratory judgment that the sales and licensing practices of Qualcomm Inc. amount to patent misuse.

Broadcom claims that Qualcomm patents are "exhausted" by Qualcomm's practices and that its patents and patent licenses are unenforceable under applicable U.S. law.

The complaint, filed in the U.S. District Court for the Southern xDistrict of California in San Diego, asserts, among other things, that Qualcomm's use of "exhausted" patents to control post-sale use of products in the wireless communications industry results in a double recovery of royalties (or other consideration) to Qualcomm for the use of its patents. It further asserts that these practices constitute patent misuse that has brought Qualcomm a financial windfall and brought harm to the industry and consumers.

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