Microtune wins another victory

Microtune won another victory in its legal battle against Broadcom this month when a US District Court issued a preliminary injunction barring Broadcom from selling or importing into the US, its BCM3415 silicon tuner.

Microtune won another victory in its legal battle against Broadcom this month when a US District Court issued a preliminary injunction barring Broadcom from selling, offering to sell, or importing into the US, its BCM3415 silicon tuner and certain reference design boards containing the device.

In addition, the US District Court for the Eastern District of Texas ruled that Broadcom’s officers, employees, agents, and ‘all persons in active concert or participation therewith who receive notice’ of the injunction order are enjoined from infringing Microtune’s patent by selling, offering for sale, or importing into the US the BCM3415 tuner from Broadcom.

The Court additionally noted that ‘products merely colorably different’ from the infringing BCM3415 tuner would be deemed to fall under the injunction order. The Court’s entry of this injunction arises from the March 20, 2003 jury verdict that found that Broadcom had willfully infringed on Microtune’s patent, US Patent No. 5,737,035, for the Microtune’s single-chip tuner technology.

On April 11, 2003, the Court denied all of the Motions filed by Broadcom for JMOL (Judgment as a Matter of Law). The effect of these rulings was to uphold the jury’s findings of validity and enforceability of Microtune’s patent, and also uphold the jury’s findings that Broadcom willfully infringed that patent.

‘We are very pleased by the Court’s actions,’ said Douglas J. Bartek, Chairman and CEO of Microtune. ‘This preliminary injunction and the Court’s affirmation of our patent rights demonstrate that our US patent system works. Even small, enterprising companies can protect their valued intellectual property rights against much larger competitors. The jury’s finding of willful infringement is especially gratifying.’

Microtune’s ‘035 patent covers the development of ‘a highly integrated silicon tuner on a single microcircuit’. Microtune holds another 23 US patents covering tuner technology, with over 50 applications pending.

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