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Qualcomm says may appeal sanctions over evidence

LOS ANGELES
Tue Jan 8, 2008 6:57pm EST

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LOS ANGELES (Reuters) - Mobile phone chip maker Qualcomm Inc (QCOM.O) said on Tuesday it may appeal sanctions issued by a federal magistrate in California over discovery violations in a patent infringement case.

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U.S. Magistrate Judge Barbara Major ordered Qualcomm on Monday to pay $8.6 million and to come up with a plan to modify its case management and legal discovery process after the company failed to turn over about 46,000 documents in a patent infringement lawsuit against rival Broadcom Corp (BRCM.O).

In a sharply worded order, Major also referred six of Qualcomm's outside attorneys to the State Bar of California for possible disciplinary action in which she described as a "monumental and intentional discovery violation."

Qualcomm lost the underlying case against Broadcom and was barred from enforcing the patents it claimed had been infringed.

In a statement, Qualcomm said it "regrets the discovery errors that occurred in this case," but added that it handed over the missing documents and apologized to the court and Broadcom for the errors.

"These actions defy any suggestion that Qualcomm engaged in intentional misconduct," the statement said. "We are considering our options, including further appeal."

A Broadcom spokesman could not be reached for comment.

(Reporting by Gina Keating; Editing by Andre Grenon)



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