Menu
ITC denies stay on Qualcomm ban

ITC denies stay on Qualcomm ban

The US International Trade Commission denies a Qualcomm request to stay a ban on some Qualcomm handsets pending appeal in a patent case.

The U.S. International Trade Commission has denied a request by Qualcomm Inc. to stay an ITC ban on the importation of some Qualcomm chips and cell phones into the U.S. while the company continues its appeal in a patent infringement case filed against it by Broadcom Corp.

The ITC found in an eight-page ruling issued Thursday that Qualcomm failed to meet a "four-prong test" applied in courts trying to determine whether to grant preliminary injunctions. The test was also used in this particular case by a U.S. federal court and requires that Qualcomm prove: a likelihood its appeal will succeed; that irreparable harm will be done to it if the stay is not imposed; that "issuance of a stay would not substantially harm other parties"; and "that the public interest favors a stay."

After reviewing arguments and also hearing from other companies in the same market, the ITC found that Qualcomm didn't meet the requirements of the four-prong test.

The ITC issued the ban on June 7 after hearings on the matter. The ban applies to some future mobile phones using Qualcomm 3G (third-generation) chips after the ITC found that Qualcomm infringed on one Broadcom patent. A jury in U.S. District Court for the Central District of California in Santa Ana found in late May that Qualcomm infringed on three other Broadcom patents and awarded Broadcom US$19.6 million in damages.

A few hours before the ITC ruling came out, the head of the CTIA cellular industry association sent a letter to U.S. President George Bush urging him to toss out the ban, contending that it will "freeze innovation" for U.S. wireless networks and hinder industry efforts to improve emergency 911 services.

The intervention of a president would be rare in such an instance, but even if Bush does not act as the CTIA has requested Qualcomm can appeal the ITC ban to the U.S. Court of Appeals for the Federal Circuit.

As would be expected, Broadcom hailed the ITC decision, with its Senior Vice President and General Counsel David A. Dull saying in a statement that "the protection of intellectual property is essential to American competitiveness and innovation ... particularly in this age of advanced technology and huge worldwide consumer demand for electronic devices and equipment." He further noted that "the burden of resolving these matters rests squarely with Qualcomm."

No word yet on the matter from Qualcomm, which is based in San Diego and so no one there was available to comment Friday morning U.S. Eastern Time.


Follow Us

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Featured

Slideshows

Meet the Reseller News 30 Under 30 Tech Awards 2020 winners

Meet the Reseller News 30 Under 30 Tech Awards 2020 winners

This year’s Reseller News 30 Under 30 Tech Awards were held as an integral part of the first entirely virtual Emerging Leaders​ forum, an annual event dedicated to identifying, educating and showcasing the New Zealand technology market’s rising stars. The 30 Under 30 Tech Awards 2020 recognised the outstanding achievements and business excellence of 30 talented individuals​, across both young leaders and those just starting out. In this slideshow, Reseller News honours this year's winners and captures their thoughts about how their ideas of leadership have changed over time.​

Meet the Reseller News 30 Under 30 Tech Awards 2020 winners
Reseller News Exchange Auckland: Beyond the myths — how partners can master cloud security

Reseller News Exchange Auckland: Beyond the myths — how partners can master cloud security

This exclusive Reseller News Exchange event in Auckland explored the challenges facing the partner community on the cloud security frontier, as well as market trends, customer priorities and how the channel can capitalise on the opportunities available. In association with Arrow, Bitdefender, Exclusive Networks, Fortinet and Palo Alto Networks. Photos by Gino Demeer.

Reseller News Exchange Auckland: Beyond the myths — how partners can master cloud security
Reseller News welcomes industry figures at 2020 Hall of Fame lunch

Reseller News welcomes industry figures at 2020 Hall of Fame lunch

Reseller News welcomed 2019 inductees - Leanne Buer, Ross Jenkins and Terry Dunn - to the fourth running of the Reseller News Hall of Fame lunch, held at the French Cafe in Auckland. The inductees discussed the changing face of the IT channel ecosystem in New Zealand and what it means to be a Reseller News Hall of Fame inductee. Photos by Gino Demeer.

Reseller News welcomes industry figures at 2020 Hall of Fame lunch
Show Comments