a lot of old history that the company has had to work hard at overcoming
but it left a mark for quite a while
INVESTOPEDIA EXPLAINS 'Patent Troll'
The name originates from an educational video released to corporations in the early 90's. The goal of the video was to alert corporations to the newest scandal in business, as well as to dissuade potential future trolls. The video depicted a troll rushing into the patent office stealing the patent from the rightful owner.
Communications Daily
May 18, 1994
QUALCOMM FILES COUNTERCLAIM AGAINST INTERDIGITAL IN PATENT INFRINGEMENT CASE
Qualcomm filed countersuit in U.S. Dist. Court, Philadelphia, Tues. against InterDigital Communications and subsidiary InterDigital Technology (IT) claiming that IT patents that are subject of infringement case against Qualcomm and licensee OKI America actually were developed using trade information stolen from Qualcomm. Qualcomm Gen. Counsel Steve Altman told us that documents found in IT case file marked "Qualcomm Proprietary" and "Confidential" proved that InterDigital pirated one of first patents used to develop Qualcomm's Code Division Multiple Access (CDMA) technology and used it to develop own Broadband Code Division Multiple Access (BCDMA) and Time Division Multiple Access (TDMA) digital cellular products.
Qualcomm's filing alleged that InterDigital used "misappropriated trade secrets" to apply for and obtain patents, 2 of which IT is asserting against Qualcomm and OKI. Altman said that although he couldn't be specific, "we have our suspicions" as to how InterDigital acquired secret engineering designs. Counterclaim sought to have patent ownership transferred to Qualcomm and any fees paid to InterDigital for license of patents reimbursed to Qualcomm. Filing charged that InterDigital has incorporated features of pirated "secret design" into products currently under development and asked for injunction against further use of technology and unspecified damages. Altman said out-of-court settlement wasn't option, and hearing is to begin Oct. 3.
InterDigital and IT said counterclaims were "without merit." InterDigital said they weren't based on "any recently discovered evidence" and company would oppose motion to add claims to original suit, which has been pending for more than year. In original suit, IT claimed that 3 of its patents, including one not involved in Qualcomm counterclaim, were used to develop Qualcomm's CDMA-based digital cellular standard. In suit, IT sought to block Qualcomm from further use, manufacture or sale of CDMA-based products.
IT Pres. Robert Bramson denied Qualcomm claim that papers found in files were marked "confidential" and "proprietary." He told us that papers were marked only "proprietary," which means that information was owned and possibly patented by Qualcomm, not that others couldn't read them and use information they contained. He pointed out that he in no way was saying that InterDigital did use designs, only that there was no law against using "proprietary" information.
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Naming QUALCOMM as the senior party, the U.S. Patent Office declares interferences against three of InterDigital's CDMA patents
Business Wire
Oct. 4, 1994--The U.S. Patent and Trademark Office has informed QUALCOMM Inc. (NASDAQ:QCOM) that it has declared an "interference" against three of InterDigital Technology Corp.'s (ITC) Code Division Multiple Access (CDMA) patents.
QUALCOMM has been named the senior party in each of these cases, which means that the Patent Office has initially determined that the CDMA inventions at issue were first invented by QUALCOMM. A final decision by the Patent Office that this determination is correct will mean that the Patent Office will strike ITC's patent claims and grant QUALCOMM the claims covering the inventions at issue.
The three ITC patents which are the subject of the interference proceedings include ITC's patent numbers 5,228,056 (the "056 patent"), 5,166,951 and 5,093,840. The 056 patent is being asserted by ITC against QUALCOMM in a pending patent infringement lawsuit between ITC and QUALCOMM expected to come to trial later this month.
"The declaration of interference by the Patent Office raises serious questions about three of ITC's CDMA patents," said Ben Miller, QUALCOMM's patent counsel. "In naming QUALCOMM as the senior party to the proceedings, the Patent Office is placing the burden on ITC, as the junior party, to prove that it was the first to invent.
"This burden should be very difficult for ITC to overcome, particularly given the fact that QUALCOMM's effective filing dates precede the filing dates of ITC's patents by six months to over one year," said Miller.
"The interferences declared by the Patent Office further substantiate QUALCOMM's longstanding position that inventions described in a number of ITC's CDMA patents were first invented by QUALCOMM and belong to QUALCOMM," said Dr. Irwin Jacobs, chief executive officer of QUALCOMM.
With headquarters in San Diego, QUALCOMM develops, manufactures, markets, licenses and operates advanced communications systems and products based on its proprietary digital wireless technologies.
The company's primary product and development areas are the OmniTRACS system (a geostationary satellite-based, mobile communications system providing two-way data and position reporting services), CDMA wireless communications systems and products and, in conjunction with others, the GLOBALSTAR low-earth-orbit (LEO) satellite communications system.
Other company products include the Eudora by QUALCOMM electronic mail software, VLSI components and communications equipment, and systems for government and commercial customers worldwide.
