Broadcom files complaint against Qualcomm's patent licensing practices

Broadcom, the US chip manufacturer, is preparing to land a new blow in its legal dispute with Qualcomm. In a press release, it says it has filed a complaint with the US District Court for the Southern District of California, in San Diego, against its competitor's patent licensing practices. The complaint invokes a recent ruling by the US Supreme Court which, in June, further restricted the scope of patents.

Broadcom claims that Qualcomm is demanding licence fees for patents that are already "exhausted", on techniques used in mobile phones and chips. That, it says, amounts to charging clients double royalties, which is impermissible. Broadcom claims this is patent misuse and that it results in a financial windfall for Qualcomm, as well as bringing harm to the industry and consumers. Qualcomm disputes these accusations, saying the Supreme Court decision is not applicable here.

In the earlier case of Quanta Computer versus LG Electronics, the Supreme Court rejected a claim by LG Electronics for licence fees for industrial property rights going beyond the initial purchase of a patented technology. Broadcom is explicitly basing its complaint on that ruling. The two companies have been locked in dispute for some years now and, most recently, Broadcom was able to obtain a prohibition on Qualcomm marketing its chips.

(jbe)