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Broadcom says judge affirms Qualcomm verdict

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The Qualcomm logo in a file photo. Wireless chipmaker Broadcom Corp said on Friday it will not receive double damages awarded in a lawsuit after a federal judge affirmed a jury verdict that found rival Qualcomm infringed three patents. REUTERS/Handout

The Qualcomm logo in a file photo. Wireless chipmaker Broadcom Corp said on Friday it will not receive double damages awarded in a lawsuit after a federal judge affirmed a jury verdict that found rival Qualcomm infringed three patents.

Credit: Reuters/Handout

NEW YORK | Fri Nov 23, 2007 12:50pm EST

NEW YORK (Reuters) - Wireless chipmaker Broadcom Corp (BRCM.O) said on Friday it will not receive double damages awarded in a lawsuit after a federal judge affirmed a jury verdict that found rival Qualcomm Inc (QCOM.O) infringed three patents.

Irvine, California-based Broadcom said it will not seek a new trial and will accept the $19.6 million in damages originally awarded by the jury. The company said it will pursue an injunction against Qualcomm's infringing products.

A U.S. district court judge in August awarded Broadcom double damages and attorney's fees in the case based on the jury's finding of Qualcomm's "willful" infringement, boosting the award to over $39 million, Broadcom said.

But changes in U.S. laws from an unrelated case raised the bar on proving "willful" infringement.

U.S. District Judge James Selna on November 21 gave Broadcom the option to let the jury's verdict stand or agree to a new trial.

Broadcom said it plans to tell the judge it will not seek a new trial and also plans to seek to prevent Qualcomm from making, using, selling and developing third-generation WCDMA and EV-DO cellular chips that infringe any of the patents.

(Reporting by John Tilak in Bangalore and Kenneth Li in New York; editing by Steve Orlofsky)

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