Archive for March, 2008


Qualcomm Repute Had Been Violated By Legal Losses

Thursday, March 27th, 2008

Qualcomm was drowned by the issue of e-discovery misbehavior which had an impact on client, though it is a base line to E-discovery. The U.S district court of California issued a warning to the entire corporate litigant’s regarding the electronically stored documents and E-mails in the recent issues of Qualcomm faulty.

In attorney’s misconduct of Qualcomm, the court envisioned in four scenario’s. First is Qualcomm intentionally hid the documents from its retained lawyers, Second is the retained lawyers failed to discover the intentionally hidden documents, third is Qualcomm shared the damaging documents with its retained lawyers to hide the documents and all evidence of Qualcomm early involvement in JTV(Joint video team) or Qualcomm did not tell the retained lawyers about the damaging documents and evidence or the lawyers suspected whether there are other additional evidence regarding the adequacy of the document search and witness investigation.

In monetary sanctions against Qualcomm the court judge avowed to pay all of Broadcom litigation cost around $ 8.5 million along with decisive documents but the Qualcomm refused to produce the documents in this patent violation case and supposed that they did not participate in the standards making. The court directed Qualcomm to have a case review and enforcement of discovery obligations in order to identity the lapse occurred and to prevent e-discovery violation in future with the intention of secreting this key fact, so that they would have the chance of winning and named it as “Intentional discovery infringement.”

This Case review and enforcement of discovery obligation includes in identifying the factors that contributed to the discovery violation, Creating and evaluating the Proposals, procedures that will correct the deficiency, developing and finalizing a comprehensive protocol, evaluating data track systems, software’s and records to identity the potential sources of discoverable documents and any other information that will help prevent discovery violation.

In Qualcomm vs Broadcom, the court sanctioned the Qualcomm and its attorneys for failure to produce key electronic documents which made them remarkably bad and assured the sanctions imposed. The issue between the Qualcomm and Broadcom over the patents gives the clear picture to the corporate parties and the lawyers regarding the obligation to produce and locate the relevant electronic documents.

In the pitfalls of e-discovery, the judge from southern district of California sanctioned Qualcomm and several of its attorneys for failing to produce thousands of responsive documents during its patent suit against Broadcom. Qualcomm lost a decree in a separate patent clash with Broadcom, temporarily averted a ban on imports though it is second largest maker, downgrading its royalist model in this legal battle ignoring their electronic discovery responsibilities.

Electronic Discovery Violations and Litigation Misconduct

Wednesday, March 12th, 2008

In its recent judgment, the court held Qualcomm guilty of withholding a large number of electronically stored documents. Qualcomm never searched the e-mails of certain key witnesses for responsive documents. It held back tens of thousands of e-mails that were decisive in the case, observed the court. The judge affirmed a sanction on Qualcomm’s counsels of over US $ 8.5 million. The judgment also held them guilty of gross litigation misconduct. The judge termed it a reckless disregard of their electronic discovery obligations. The State Bar of California is to take up further inquiry and possible disciplinary action against the attorneys.