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.

Events

Why experience is the new battleground for partners

Join us for an exclusive webinar, in association with Hewlett Packard Enterprise and Technology Services Industry Association (TSIA) and learn about the latest industry insights and how technology services continue to evolve to deliver differentiated value, and how partners can be successful in 2021 and beyond.

Featured

Slideshows

The Kiwi channel gathers for the 2020 Reseller News Women in ICT Awards

The Kiwi channel gathers for the 2020 Reseller News Women in ICT Awards

Hundreds of leaders from the New Zealand IT industry gathered at the Hilton in Auckland on 17 November to celebrate the finest female talent in the Kiwi channel and recognise the winners of the Reseller News Women in ICT Awards (WIICTA) 2020.

The Kiwi channel gathers for the 2020 Reseller News Women in ICT Awards
Leading female front runners honoured at the 2020 Reseller News Women in ICT Awards

Leading female front runners honoured at the 2020 Reseller News Women in ICT Awards

The leading female front runners of the New Zealand ICT industry joined together for the annual Reseller News Women in ICT Awards event at the Hilton in Auckland, during which hundreds of guests celebrated 13 outstanding individuals who won awards, chosen from more than 50 finalists representing over 30 organisations.

Leading female front runners honoured at the 2020 Reseller News Women in ICT Awards
Channel gathers to celebrate the Reseller News Innovation Awards 2020 winners

Channel gathers to celebrate the Reseller News Innovation Awards 2020 winners

More than 500 channel leaders gathered in Auckland on 21 October at the ​Reseller News Innovation Awards ​2020 to celebrate the achievements of the New Zealand technology industry's top partners, start-ups, vendors, distributors and individuals.

Channel gathers to celebrate the Reseller News Innovation Awards 2020 winners
Show Comments