A federal judge has said it’s up to chipmaker Broadcom Corp. if it wants a new trial on a claim that rival Qualcomm Inc. deliberately violated its patents.

U.S. District Judge James Selna tentatively overturned a $39.3 million award against Qualcomm because the U.S. Court of Appeals for the Federal Circuit recently made it more difficult to prove intentional patent infringement, a finding that allows a judge to triple a jury’s award.