A federal judge for the Central District of California tentatively reversed on Oct. 15 a $39.3 million award against chip maker Qualcomm for infringing on rival Broadcom's patents, citing heightened new willful infringement standards the Federal Circuit handed down on Aug. 20.

On Aug. 10 U.S. District Judge James Selna doubled the award to Broadcom, finding Qualcomm had acted willfully. Now Selna's tentative ruling could bring the award back down to the original $19.6 million.

According to Selna, a final ruling will come in early November after reviewing both parties' arguments. Selna also said Broadcom could request a new trial if it wishes.

In May a jury ruled for Broadcom in its 2005 suit, finding that Qualcomm willfully infringed on Broadcom's patents. At the time the standard for proving willful infringement was merely showing an alleged infringer knew about a patent.

Following the August Federal Circuit ruling in In Re Seagate Technology, patent owners must now show accused infringers acted with “objective recklessness” to prove willful infringement.

A federal judge for the Central District of California tentatively reversed on Oct. 15 a $39.3 million award against chip maker Qualcomm for infringing on rival Broadcom's patents, citing heightened new willful infringement standards the Federal Circuit handed down on Aug. 20.

On Aug. 10 U.S. District Judge James Selna doubled the award to Broadcom, finding Qualcomm had acted willfully. Now Selna's tentative ruling could bring the award back down to the original $19.6 million.

According to Selna, a final ruling will come in early November after reviewing both parties' arguments. Selna also said Broadcom could request a new trial if it wishes.

In May a jury ruled for Broadcom in its 2005 suit, finding that Qualcomm willfully infringed on Broadcom's patents. At the time the standard for proving willful infringement was merely showing an alleged infringer knew about a patent.

Following the August Federal Circuit ruling in In Re Seagate Technology, patent owners must now show accused infringers acted with “objective recklessness” to prove willful infringement.