Feeds

Court finds Qualcomm guilty of standards abuse

First create a standard, then sue the adopters

Top three mobile application threats

Qualcomm kept its patents on H.264 a secret until the video standard had been adopted by the industry, and then sued users for breaching those patents, a San Diego federal court has ruled.

Qualcomm was an active member of the Joint Video Team (JVT) which defined the H.264 video standard, now used extensively in mobile phone video applications. But while doing so it failed to mention owning at least two patents which anyone implementing the standard would need to license.

When Broadcom started development of chips using the standard, Qualcomm, "without any prior letter, email, telephone call, or even a smoke signal, let alone attempt to license Broadcom, Qualcomm filed the instant lawsuit against Broadcom for infringement of the '104 and '767 patents", the court said.

The court ruling states that by its actions Qualcomm has waived any right to the contested patents, and goes on to say: "By clear and convincing evidence [Qualcomm], its employees, and its witnesses actively organised and/or participated in a plan to profit heavily by (1) wrongfully concealing the patents-in-suit while participating in the JVT and then (2) actively hiding this concealment from the court, the jury and opposing counsel during the present litigation."

Qualcomm has reiterated an apology made in April "for the errors made during discovery and for the inaccurate testimony of certain of its witnesses", but disputes the idea that companies should be made to reveal patents when discussing or setting industry standards.

Qualcomm is expected to appeal the decision. ®

Combat fraud and increase customer satisfaction

More from The Register

next story
Virgin Media so, so SORRY for turning spam fire-hose on its punters
Hundreds of emails flood inboxes thanks to gaffe
A black box for your SUITCASE: Now your lost luggage can phone home – quite literally
Breakfast in London, lunch in NYC, and your clothes in Peru
AT&T threatens to pull out of FCC wireless auctions over purchase limits
Company wants ability to buy more spectrum space in auction
Turnbull leaves Australia's broadband blackspots in the dark
New Statement of Expectations to NBN Co offers get-out clauses for blackspot builds
Facebook claims 100 MEEELLION active users in India
Who needs China when you've got the next billion in your sights?
Facebook splats in-app chat, whacks brats into crack yakety-yak app
Jibber-jabbering addicts turfed out just as Zuck warned
Google looks to LTE and Wi-Fi to help it lube YouTube tubes
Bandwidth hogger needs tube embiggenment if it's to succeed
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.