Tag: ITC

  • ITC Upholds Broadcom Claims, Issues Order Against SiRF

    The U.S. International Trade Commission (ITC) has issued an exclusion order against certain SiRF GPS chips and products containing those chips imported into the United States, as well as cease-and-desist orders against SiRF and four specific SiRF customers.

    This comes after the commission affirmed an ITC administrative law judge’s initial determination that SiRF infringes on three additional GPS patents held by Global Locate Inc., a wholly owned subsidiary of Broadcom. This latest ruling brings the total number of Global Locate GPS-related patents that SiRF has been found to infringe up to six.

    In 2008, an ITC administrative law judge found that SiRF infringed on all six patents asserted by Global Locate/Broadcom and subsequently recommended an import ban within in the United States; SiRF appealed the finding. The full ITC Commission subsequently upheld the administrative law judge’s finding on three patents, while holding off on a final determination on the other three pending further review. On Thursday, January 15, the commission issued both its Final Determination on those patent issues and orders regarding the appropriate form of remedy.

    “We are optimistic that the ITC orders will become effective after a 60-day statutory review period so that U.S. Customs may begin enforcement and prevent any further patent infringement,” said David Rosmann, Broadcom’s vice president for intellectual property litigation.

    The six patents at the center of the dispute are United States patents 6,417,801; 6,937,187; 6,606,346; 7,158,080; 6,704,651; and 6,651,000 — relating to extended ephemeris assistance, calculating time in GPS receivers, enhancing sensitivity in assisted GPS systems, and implementing hardware structures for parallel correlation, according to Broadcom. These patents involve several SiRF products, including SiRFstarIII and SiRFInstant devices.

    For its part, however, SiRF said that the impact of the ITC’s decision is minimal, as the products involved are legacy products. It also hinted that it could still file an appeal in federal court.

    “We are pleased that the commission followed the Federal Circuit’s Kyocera ruling, which significantly limits the impact to our customer base,” said Kanwar Chadha, founder of SiRF in a statement. “While disappointed with the commission’s ruling as it relates to its patent infringement findings regarding SiRF’s earlier products, we continue to work closely with the named customers to conform with the commission’s ruling and enable them to maintain uninterrupted product delivery to market.”

    Chadha was referring to a federal circuit court’s October 14, 2008, decision that ITC limited exclusion orders only affect parties named in an investigation involving Kyocera. Other than the four named customers in the investigation, all other SiRF customers are not affected, the company said. Those four customers have not been named publicly.

    SiRF further noted that following the 60-day presidential review period it has the option to appeal the case to the U.S. Court of Appeals for the Federal Circuit, but did not specifically say it would pursue this option. Broadcom and SiRF are already duking it out in federal district court over patent disputes; that trial is scheduled to begin in November 2010.

  • ITC to Review SiRF/Broadcom Patent Imbroglio

    The U.S. International Trade Commission (ITC) has said it will review the determination of one of its administrative law judges that previously found that SiRF Technology infringed on patents held by Broadcom subsidiary Global Locate.

    The ITC judge ruled in August that certain SiRF products, including SiRFstarIII and SiRFInstant GPS architectures, infringed upon six Global Locate/Broadcom patents; the judge later recommended to the ITC that it issue a ban on the import of related SiRF chips into the United States.

    Both SiRF and ITC staff filed appeals independently of one another seeking a review of the ruling. Now, the ITC has said it will review claims on three out of the six patents, according to SiRF.

    The commission has requested written submissions from the parties involved to address the form of remedy, if any, that should be ordered. According to the notice, if the commission contemplates some form of remedy, it must consider the effects of that remedy upon public interest, SiRF noted.

    The final ITC ruling, slated for December 2008, is further subject to a 60-day presidential review period and can then be appealed to the Federal Circuit Court of Appeals.

    SiRF, Qualcomm Play Nice

    Apparently SiRF and Qualcomm want to avoid the legal snafu in which SiRF and Broadcom are currently embroiled. SiRF also announced that it and Qualcomm have signed a mutual Patent Non-Assertion Agreement covering each party’s patent portfolio.

    “We believe that this agreement between leading innovators of A-GPS enabled location technology will help expand the market for location-enabled products, services and content, while enabling each of us to compete in the marketplace based on product merits,” said Kanwar Chadha, SiRFs founder and vice president of marketing.

    It’s been a busy week for SiRF; on Wednesday it took the wraps off its SiRFlinkIII, a single chip that combines a GPS RF front end with a Bluetooth 2.1 + EDR controller.

  • ITC Says SiRF Infringes Six Broadcom Patents

    A U.S. International Trade Commission (ITC) judge has ruled that certain SiRF Technology products infringe six patents related to improving GPS processing and sensitivity that are held by Global Locate Inc., a wholly owned subsidiary of Broadcom.

    The infringement findings cover a range of SiRF products, including those incorporating the SiRFstarIII and SiRFInstant GPS architectures, according to Broadcom.

    The ruling came Friday, August 8, just a day after SiRF said it had asked the U.S. Patent and Trademark Office reexamine four patents that are the subject of an infringement suit Broadcom has brought against SiRF in federal court. Furthermore, In June the ITC rejected claims by SiRF Technology that Global Locate infringed upon two of its patents, and also found that SiRF’s asserted claims on one of the patents at issue were invalid.

    The ruling Friday followed a trial earlier this year. Broadcom said it expects a final determination by the full six-person commission by early December.

    The six patents that SiRF was found to infringe are U.S. patents 6,417,801; 6,937,187; 6,606,346; 7,158,080; 6,704,651; 6,651,000 — relating to extended ephemeris assistance, calculating time in GPS receivers, enhancing sensitivity in assisted GPS systems, and implementing hardware structures for parallel correlation, according to Broadcom.

  • SiRF Requests Reexamination of Broadcom Patent Ruling

    SiRF Technology Holdings, Inc. of San Jose, California, has completed filing with the U.S. Patent and Trademark Office official requests for reexamination of each of the four patents that Broadcom recently asserted against SiRF in the Santa Ana, California, federal district court.

    SiRF seeks review and invalidation of all four of the Broadcom patents named in the lawsuit, through its requests for ex-parte reexamination and in view of what it terms “substantial new questions of patentability raised by prior art not previously considered by the Patent Office,” according to the company.

    SiRF also intends to seek a stay of the federal district court case.

    SiRF and Broadcom have been engaged in an ongoing legal battle over patents held by their respective companies, both claiming patent infringement. In late June, SiRF Technology petitioned the International Trade Commission (ITC) to review part of a ruling that found that Broadcom didn’t infringe upon two of its patents as the company alleged.

    A ruling in Broadcom’s six claims of patent infringement against SiRF before the ITC is expected any day. The trial took place in April.

  • SiRF Appeals ITC Ruling on Broadcom Dispute

    SiRF Technology has petitioned the International Trade Commission (ITC) to review part of a ruling earlier this month that found that Broadcom didn’t infringe upon two of its patents as the company alleged.

    ITC Administrative Law Judge Paul Luckern issued his initial determination in the suit originally filed by SiRF against Global Locate on June 13 following a six-day trial in March in Washington, D.C. Broadcom acquired Global Locate in July 2007. The judge subsequently found that Broadcom didn’t infringe on SiRF’s intellectual property, and found one of the two patents in question to be invalid.

    SiRF said it has petitioned the ITC to review those aspects of the initial determination that found that the valid patent was not infringed by Broadcom.

    The intellectual property dispute goes back to 2006, when SiRF also took Global Locate to task in federal district court; it in turn counter-sued. Those suits were stayed pending the ITC ruling.

    Broadcom also has its own claims against SiRF before the ITC, having filed six claims of patent infringement; that trial took place in April of 2008. An initial determination in that case, heard before Administrative Law Judge Carl Charneski, should come on Aug. 8, 2008, according to the company. Broadcom also filed a lawsuit in May 2008 in federal district court, claiming infringement of four patents.

  • ITC Rules Against SiRF, for Broadcom

    Broadcom Corp. says the U.S. International Trade Commission (ITC) rejected claims by GPS chip maker SiRF Technology, which alleged that Global Locate infringed upon two of its patents. Furthermore, the ITC also found that SiRF’s asserted claims on one of the patents at issue were invalid, according to Broadcom.

    Broadcom acquired Global Locate in July 2007; the patent dispute stems back at least to 2006, when SiRF also took Global Locate to task in federal district court; it in turn counter-sued. Those suits were stayed pending the ITC ruling. ITC Administrative Law Judge Paul Luckern issued his initial determination Friday, June 13, following a six-day trial last March in Washington, D.C.

    Broadcom also has its own claims against SiRF before the ITC, having filed six claims of patent infringement; that trial took place in April of 2008. An initial determination in that case, heard before Administrative Law Judge Carl Charneski, should come on August 8, 2008, according to the company.

    Broadcom also filed a lawsuit in May 2008 in federal district court, claiming infringement of four patents.