NEW YORK (Reuters) - A federal court has dismissed a Broadcom Corp complaint against rival Qualcomm Inc, the latest move in their long-standing battle over mobile phone technology patents, Qualcomm said on Monday.
Under the case, filed in October 2008, Broadcom had charged that Qualcomm’s misuse of patents resulted in a “double recovery” of royalties, a potential windfall for Qualcomm.
Broadcom said Qualcomm gained royalties on “exhausted” patents. The issue of patent exhaustion often arises in recycled or re-sold components.
Judge William Hayes of the U.S. district court for the Southern District of California said Broadcom failed to show it was entitled to declaratory relief because it did not identify any specific patents that were allegedly exhausted.
Broadcom and Qualcomm are embroiled in a series of legal disputes in courts as well as the International Trade Commission. Experts see the actions as negotiating tactics by both sides seeking an advantage in a licensing agreement.
Last September, a U.S. appeals court affirmed that Qualcomm infringed two patents and upheld an injunction in favor of Broadcom. But the appeals court ruled in Qualcomm’s favor in one of the three patents at issue.
Reporting by Franklin Paul; Editing by Steve Orlofsky
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