Due to a new ruling in August by the U.S. Court of Appeals for the Federal Circuit, making it more difficult to prove intentional patent infringement, U.S. District Judge James Selna has tentatively overturned a $39.3 million award against beleagured chipmaker Qualcomm. Previously, if a jury found a defendant guilty of willful infringement, the presiding judge could as much as triple the damages; however, the new ruling in the Court of Appeals has now cast the verdict against Qualcomm in doubt, hence the reversal of the award. Judge Selna stated in his ruling that it was up to Broadcom Corp. if it wants a new trial.
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