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| Qualcomm Inc. v. Broadcom Corp. ： ウィキペディア英語版 |
Qualcomm Inc. v. Broadcom Corp.
Qualcomm Inc. v. Broadcom Corp. "Qualcomm I - Qualcomm IV", was a series of US Federal cases between Qualcomm Inc. and Broadcom Corp. involving patent infringement and the duty to disclose patents to the JVT Standard Setting Organization and industry misconduct. Qualcomm held a relevant patent, but neglected to report it to the Standard Setting Agency until after it had made a ruling, and thus the point in question is if Qualcomm had waived its right to enforce its patent or not. The first of the series began in 2007 and ended in 2010.〔(【引用サイトリンク】 work =United States Court of Appeals for the Federal Circuit )〕〔(【引用サイトリンク】 work =The IPKat )〕〔(【引用サイトリンク】 work =United States District Court, S.D. California. )〕〔(【引用サイトリンク】 work =United States Court of Appeals, Third Circuit. )〕〔(【引用サイトリンク】 work =United States Court of Appeals, Federal Circuit. )〕〔(【引用サイトリンク】 work =Applied Discovery )}〕
Qualcomm II is the most significant of these cases because it makes the greatest deliberations on the question of enforceability in the case of unreported patents. This was the central point in question with these cases, the others being offshoots of this main theme.〔〔
==Background==
Broadcom and Qualcomm both compete in the same mobile device chipset industry, such as those used in cell phones.〔〔 This technology is available in what is classified as 3rd Generation, or 3G, processor chips. There were, and still are, two technology paths for this industry that are not compatible so companies subscribe to either one or the other; CDMA or GSM. Broadcom and Qualcomm subscribe to different technology paths, although the standards boards are closely connected and work for entire industry growth.〔
The two companies have different models of chips that are incompatible with each other and thus do not work together. Nonetheless there is an industry standardization organization responsible for classifying patents and level of innovation for different generations. Qualcomm had acquired a certain patent that was relevant to both technology paths but neglected to inform either standard organization about it, waiting instead for new standards to be set. The aim of this move, according to litigators and the court, was to cause competing firms to unknowingly infringe on Qualcomm's patent so that they could seek damages and royalties, rather than bar direct usage.〔〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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