Broadcom Corporation

Broadcom, a global leader in wired and wireless broadband communications semiconductors, sought Weil Gotshal’s representation in its dealings against Agere Systems, Inc. After more than two years of licensing negotiations initiated by Agere involving more than thirty-four patents in multiple areas of technology broke down, Broadcom turned to Weil Gotshal’s patent litigation team. On behalf of Broadcom, Weil Gotshal filed a declaratory judgment action in U.S. District Court in the Northern District of California seeking noninfringement and invalidity of nine patents and asserting infringement of four Broadcom patents. Agere in turn filed suit in U.S. District Court in Pennsylvania, home to Agere’s headquarters, eventually claiming that eleven of its patents covered Broadcom’s entire product line, including wireless, cable modem, Bluetooth, and Gigabit Ethernet technologies. The two actions were eventually consolidated in Pennsylvania. After extensive briefing and tutorials in multiple areas of technology, Weil Gotshal succeeded in securing a favorable claim construction ruling, which was the basis for multiple requests for summary judgment. The parties’ discussions leading to the October 2004 settlement agreement shortly followed Weil Gotshal’s summary judgment briefing, demonstrating why certain Agere patents were invalid, not infringed, and unenforceable.

Partners Matthew Powers, Edward Reines (both Silicon Valley) and Timothy DeMasi (New York) led our team.

• Patent Litigation