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Court: Qualcomm cell phone doesn't copy Motorola

Qualcomm says a United States court ruled in its favor in its ongoing patent battle with Motorola, judging that Qualcomm's cellular phone does not infringe on two Motorola design patents.

Qualcomm today said a United States court ruled in its favor in its ongoing patent battle with Motorola, judging that Qualcomm's cellular phone does not infringe on two Motorola design patents.

A U.S. district court in San Diego said it granted Qualcomm's motion that its Q cell phone doesn't violate two Motorola patents on the appearance and design of Motorola's StarTAC cell phone.

Judge Napoleon Jones ruled that the Q phone doesn't violate Motorola's patents because it doesn't have the appearance features that differentiate the Motorola patents from designs that came before the patents. The rulings became public on August 25, Qualcomm said in a statement.

A Motorola representative said the company had no comment on the decision.

In addition, Qualcomm also said it has filed new claims for patent infringement by Motorola's Code Division Multiple Access (CDMA) phones, including the StarTAC and other models.

On August 5, Qualcomm filed an amended complaint stating 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 said. A month prior, San Diego-based Qualcomm had filed a suit seeking to terminate licenses granted to Motorola in their 1990 agreement.

In the 1990 agreement, both companies cross-licensed some intellectual property rights and agreed to work together to develop and commercialize CDMA technology, as reported by Reuters. CDMA is digital mobile phone technology that promises clearer calls and fewer dropped calls. At the time, Motorola said it was seeking enforcement of the agreement, damages, and injunctive relief.

"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," Qualcomm's president of consumer products, Dr. Paul Jacobs, said in a statement.

Motorola was not immediately available for comment.

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