To: JGoren who wrote (1168 ) 8/30/1999 8:42:00 AM From: brian h Read Replies (1) | Respond to of 13582
JGoren and all, Good to read this press release after coming back from my trip to east coast. Monday August 30, 7:30 am Eastern Time Company Press Release SOURCE: QUALCOMM IncorporatedQUALCOMM Wins Judgment in Motorola Design Patent Case And Files New Claims for Infringement Against Motorola SAN DIEGO, Aug. 30 /PRNewswire/ -- QUALCOMM Incorporated (Nasdaq: QCOM - news) today announced a significant victory in its ongoing litigation against Motorola. The United States District Court in San Diego granted QUALCOMM's motions for summary judgment that QUALCOMM's Q(TM) phone does not infringe two Motorola patents on the appearance of Motorola's StarTAC® phone. Judge Napoleon Jones ruled that the Q phone does not infringe because it does not have the appearance features that differentiate the Motorola patents, numbers D359,734 and D369,598, from designs that predate the patents. The rulings, entered under seal on August 6, 1999 became public on August 25, 1999. ''The Court's decision confirms that the Q phone is an original design and, as we have contended since the outset of this litigation, establishes that Motorola does not own the exclusive rights to the clamshell form for wireless phones,'' said Dr. Paul E. Jacobs, president of QUALCOMM' Consumer Products. ''We are gratified by this latest vindication of QUALCOMM's right to compete in the CDMA marketplace with an innovative clamshell phone such as the Q phone.'' On July 20, 1999, QUALCOMM filed a new lawsuit in San Diego against Motorola seeking a judicial determination that QUALCOMM has the right to terminate all licenses granted to Motorola under the 1990 agreement, while retaining all licenses granted by Motorola. The complaint explains that Motorola breached the 1990 agreement by pursuing a lawsuit against QUALCOMM for infringement of patents that are in fact licensed to QUALCOMM and additionally by failing to grant certain sublicenses to QUALCOMM in accordance with the terms of the agreement. QUALCOMM also announced today that it expanded the new case to include claims for patent infringement by Motorola's Code Division Multiple Access (CDMA) phones, including the StarTAC and other models. QUALCOMM's amended complaint, filed on August 5, 1999, states that Motorola's phones infringe three QUALCOMM patents not licensed under the 1990 agreement because they were applied for after the invention period covered by the agreement. QUALCOMM seeks damages and an injunction against Motorola's continued infringement. Brian H.