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August 22, 2007

Comments

Alex

Qualcomm's recent news would not tend to contradict this..

brough

For those not following patent litigation closely, Broadcom has had three legal victories over Qualcomm in recent weeks. Some details in this article:
http://www.nytimes.com/2007/08/11/business/11broadcom.html?ex=1188014400&en=ebdc4a10c5f6327a&ei=5070

More to the point, Qualcomm was found guilty of misconduct. From this verdict:
http://online.wsj.com/public/resources/documents/Broadcom20808.pdf
we get quotes like:
"the Court FINDS the prevailing party Broadcom to have proven this to be an exceptional case by clear and convincing evidence based on (1) Qualcomm’s bad faith participation in the H.264-standard-setting body, the Joint Video Team (“JVT”); and (2) the litigation misconduct of Qualcomm through its employees, hired outside witnesses, and trial counsel during discovery, motions practice, trial, and post-trial proceedings. Based on the egregiousness of Qualcomm’s conduct regarding the JVT and throughout the present litigation, the Court FINDS an exceptional case status has been established."

So as I understand it, nothing in this case would be altered by the CAFC decision in Re Seagate Technologies.

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