QUALCOMM INCORPORATED v. BROADCOM CORP.

Nos. 2007-1545, 2008-1162.

548 F.3d 1004 (2008)

QUALCOMM INCORPORATED, Plaintiff-Appellant, v. BROADCOM CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 1, 2008.


Attorney(s) appearing for the Case

Carter G. Phillips, Sidley Austin LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Stephen B. Kinnaird, Eric A. Shumsky, Peter S. Choi, and Ryan C. Morris. Of counsel on the brief were David B. Salmons, Bingham McCutchen LLP, of Washington, DC, and Richard S. Taffet, of New York, NY; William S. Boggs, Brian A. Foster, Timothy S. Blackford, and Stanley J. Panikowski, DLA Piper U.S. LLP, of San Diego, CA; and Evan R. Chesler and Peter T. Barbur, Cravath, Swaine & Moore LLP, of New York, NY.

William F. Lee, Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for defendant-appellee. With him on the brief were John J. Regan, Vinita Ferrera, Kate Saxton, and Carrie H. Seares. Of counsel were Donald R. Steinberg and James L. Quarles, III, of Washington, DC.

Before MAYER, LOURIE, and PROST, Circuit Judges.


PROST, Circuit Judge.

This patent infringement case involves the consequence of silence in the face of a duty to disclose patents in a standards-setting organization ("SSO"). The district court concluded that Qualcomm breached its duty to disclose U.S. Patent Nos. 5,452,104 ("'104 Patent") and 5,576,767 ("'767 Patent") to the Joint Video Team ("JVT") SSO. As a remedy, the district court ordered the '104 and '767 Patents (and related patents) unenforceable against...

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