米国 Qualcomm v. Broadcom

以前にもQualcomm Inc. v. Broadcom Corpのあらそいを紹介しましたが、今回はCAFCで動きがあったようです。

Qualcomm Inc. v. Broadcom Corp (Fed. Cir., Dec. 1, 2008)
Standard Setting and Waiver of Patent Rights
(from PatentlyO)
"This patent infringement case involves the consequence of silence in the face of a duty to disclose patents in a standards-setting organization ("SSO")."

Patent Ambush Costs Qualcomm
(from Law.com)
The U.S. Court of Appeals for the Federal Circuit agreed Monday that Qualcomm should be punished for what has in other cases been called a "patent ambush" -- not disclosing patents to a standards-setting body and then suing adopters of the standard. In this case, Qualcomm's target was Broadcom.

Consequence of Silence
(from Patent Prospector)
Qualcomm "breached its duty to disclose" two patents before a standards-setting organization, the Joint Video Team (JVT). Consequently, the district court deemed the patents "unenforceable against the world," and, finding the case exceptional, awarded competitive combatant Broadcom attorneys fees. The appeals court found "the scope of the remedy of unenforceability as applying to the world... too broad."