Qualcomm Inc. v. Broadcom Corp.
Opinion
Opinion
Brewster, J.
ORDER ON REMEDY FOR FINDING OF WAIVER
I. INTRODUCTION
On March 21, 2007, this Court entered an Order (1) finding in favor of Defendant Broadcom Corporation (“Broadcom”) and against Plaintiff Qualcomm Incorporated (“Qualcomm”) on Broadcom’s Third Affirmative Defense that U.S. Patent Nos. 5,452,104 (Pl’s Trial Ex. 1) (“the '104 patent”) and 5,576,767 (Pi’s Trial Ex. 3) (“the '767 patent”) are unenforceable due to waiver; and (2) setting hearing on an Order to Show Cause as to what the appropriate remedy for Qualcomm’s waiver should be. (Doc. No. 528 at 2.)
Following hearing on the Order to Show Cause and careful consideration of relevant court and deposition transcripts, declarations, and other documents submitted by both parties, the Court hereby issues the following remedy for Qualcomm’s waiver: that the '104 and '767 patents, their continuations, continuations-in-part, divi sions, reissues, or any other dependent or derivative patents of either patent, shall be and are hereby ordered unenforceable.
II. BACKGROUND
Qualcomm filed the present suit against Broadcom for patent infringement of the '104 and '767 patents on October 14, 2005, based on Broadcom’s manufacture, sale,…