On Wednesday a federal appeals court affirmed that Qualcomm is infringing on two cell phone patents. It also upheld an injunction against Qualcomm selling products with technology that infringes the two patents.

The permanent injunction contains a sunset provision that allows Qualcomm to sell its products and pay royalties to Broadcom through January 2009.

Qualcomm and Broadcom have been battling each other in court since 2005. In the past couple of years, the smaller Broadcom has aggressively defended its patents and won several victories. Last year, it won a major victory when the U.S. International Trade Commission ordered a ban on the import of all new models of 3G wireless handsets with Qualcomm chipsets that infringe Broadcom patents.