New Rules On Willful Patent Infringement Likely To Save Qualcomm Some Cash

from the willful-just-doesn't-mean-what-it-used-to dept

Qualcomm's run into plenty of trouble in its ongoing patent battles with Broadcom, but the company finally received some minor good news. Back in August, we had noted that the appeals court that deals with patent issues had changed the standard under which patent infringement is considered "willful" (and, thus, subject to triple damages). Before this, the standard had been fairly low, causing all sorts of silly things like firms forbiding employees from looking at patents for fear that this makes the liable for willful infringement. However, the new higher standard is already making waves through the court system. For example, Qualcomm had already lost the court battle over patent infringement on some Broadcom patents -- and the ruling had said that Qualcomm was guilty of willful infringement, leading the judge to double the fine from the $19.6 million the jury suggested to $39.3 million. With the new standards in place, however, it's not clear if Qualcomm really is guilty of willful infringement and the judge is offering Broadcom a choice on how to proceed. Either it can drop the claim that the infringement was willful -- or it can drop the original decision and start again. If Broadcom drops the willful part, then the ruling will stand, but the fine will be reduced. If Broadcom wants to push for the higher damages of willful infringement, it'll need to redo the entire trial and make sure the infringement lives up to the new willful standards.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: patents, willful infringement
Companies: broadcom, qualcomm

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here

Subscribe to the Techdirt Daily newsletter

Comment Options:

  • Use markdown. Use plain text.
  • Make this the First Word or Last Word. No thanks. (get credits or sign in to see balance)    
  • Remember name/email/url (set a cookie)

Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it

Email This

This feature is only available to registered users. Register or sign in to use it.