The news is the latest in a string of setbacks for Qualcomm. Its
top lawyer, general counsel Lou Lupin, has resigned, and just days
ago the administration of US president George Bush refused to
overturn an import ban on phones carrying Qualcomm chips.
In late May a jury in the US District Court for the Central
District of California said that Qualcomm had infringed three
Broadcom patents and should pay the firm $19.6m in damages. Judge
James Selna has now said that that award should be doubled.
The jury had found that Qualcomm's infringement of patents was
wilful, meaning that the court can treble the damages awarded.
"After a finding of wilfulness, the primary concern in determining
whether and to what extent to increase damages is the egregiousness
of the infringer's conduct based on the totality of the
circumstance," said Selna in his ruling.
Selna said the court had to consider nine factors when assessing
Qualcomm's behaviour, and that four of those favoured Qualcomm. He
said that there was no evidence that the company deliberately
copied Broadcom patents or products.
Selna said, though, that the jury had found that Qualcomm knew
about the Broadcom patents it had infringed, and that it engaged in
its infringing behaviour knowing that it was infringing the patent
and without believing that the patent was invalid.
He also said that the fact that Qualcomm continued its
infringing behaviour throughout the long two year case meant that
damages should be increased.
"The Court finds that, on balance, the totality of the
circumstances merits an increase in the damages award," said Selna.
"Doubling the damages rather than tripling is appropriate, because
though Qualcomm's conduct was wilful, it was not so egregious as to
warrant trebling of the damages."
Broadcom was also awarded its legal costs by the Court, a sum it
has yet to calculate. "The Court has found that attorneys' fees are
appropriate for the same reasons as the damages enhancement," said
Selna. "Broadcom has demonstrated that this case is exceptional by
clear and convincing evidence."
