Broadcom-based Handsets Cleared for Sale in US

In another indication that one of the most heated intellectual property disputes in the history of telecommunications could end up a near-wash for both sides, a US District Court ruled late last week that two major handset manufacturers will be allowed to export devices with Broadcom chips to the US, despite a pending patent infringement lawsuit from Qualcomm.

The two manufacturers are Samsung and Panasonic, for whom the ruling was quite timely, especially with the 3GSM World Congress in Barcelona having opened just this morning. Both companies have current licenses with Qualcomm already as well, with respect to WCDMA technology; this ruling enables them to continue selling Broadcom chip-based phones by virtue of the fact that Qualcomm has already licensed its technology to them anyway.

Should Qualcomm emerge victorious in the end, their license would continue to apply. Broadcom was the original plaintiff in a patent infringement lawsuit, which was had also been brought as an antitrust suit; Qualcomm responded with a countersuit. Both are claiming they pilfered each other's implementations with respect to 3G cellular technologies. But like leaves from an artichoke left to dry in the sun, most of the two-way lawsuit's components have been picked apart by judges and juries. Last September, Broadcom's antitrust portion of its claims against Qualcomm were dismissed.

Then Broadcom gained back the momentum when the court denied a Qualcomm injunction against the sale of specific 3G chips in the US. Soon afterward, in the first clear sign of victory for either side, Judge Charles Bullock ruled that Qualcomm did indeed infringe upon two of Broadcom's patents.

Qualcomm hailed that ruling as a victory, spinning the decision to state that the International Trade Commission had not ruled Qualcomm infringed on those two patents. Regardless of that spin, the ITC upheld Judge Bullock's decision in December.

Two weeks ago, a jury in San Diego ruled against Qualcomm in its countersuit, stating Broadcom did not infringe against two of its patents. However, several more remain in dispute.