A federal district court judge ordered Qualcomm to pay Broadcom d...

ordered Qualcomm to pay $19.64 million in damages for willfully infringing the patents. The “willfulness” finding gave the judge leeway to boost damages as punishment. “There is a spectrum of improper conduct for determining the amount to award,” Selna said. “That Qualcomm’s conduct was not at the most egregious end of the spectrum does not mean that no enhanced award is due.” Qualcomm declined to comment because the case isn’t over. The decision shouldn’t surprise Broadcom or Qualcomm since a judge “castigated and criticized” Qualcomm for misconduct in a San Diego ruling handed down last week (CD Aug 8 p6), said lawyer Jay Sandovs. The decision to double damages was a “quasi-punitive step,” he said, noting that the judge could have tripled them. An injunction hearing in the case began Tuesday, and will likely last two to three days, said Stifel Nicolaus’ Cody Acree. An International Trade Commission ban on import of Qualcomm chips won’t necessarily influence the court’s injunctive decision, he added. Monday’s resignation by Qualcomm general counsel Lou Lupin, called a “personal decision” by Qualcomm, likely was tied to Qualcomm’s recent court failures, Sandovs said. Qualcomm CEO Paul Jacobs could be next on the chopping block, he said. He was directly responsible for Qualcomm litigation moves, and Qualcomm’s board could blame him for signing off on them, he said.