Friday, June 08, 2007

ITC announces remedial order against Qualcomm

Further to the ongoing patent wars between Qualcomm and Broadcom, Qualcomm lost at the ITC and on June 7, 2007 the ITC announced its remedial order.

The ITC noted:

The Commission is issuing a limited exclusion order that bars the importation of Qualcomm's infringing chips and chipsets and circuit board modules or carriers containing them. In addition, the exclusion order bars the importation of certain handheld wireless communications devices, such as cellular telephone handsets and personal digital assistants ("PDAs"), that contain Qualcomm's infringing chips and chipsets.

AHN reported:

The ban will mean no new phones using Qualcomm chips can enter the U.S. market - that would affect several handset makers including Motorola, Samsung as well as network providers, Verizon, Sprint Nextel and AT and T.

Qualcomm will appeal the ruling stating the ruling could affect imports of millions of phones and request the President to veto the ruling.

Qualcomm said in a statement on its Webpage that "it is extremely disappointed with the International Trade Commission (ITC) decision to ban the import of future models of 3G mobile broadband handsets incorporating QUALCOMM chipsets and software accused of infringing a Broadcom patent. Although all of the Commissioners agreed that a disruption in the supply of EV-DO and WCDMA handsets would negatively impact the public interest and public safety, the remedy fashioned by the majority does not protect the public interest or public safety. QUALCOMM will ask the Federal Circuit Court of Appeals to stay enforcement of the ITC's order and ask the President to veto the ITC's decision. QUALCOMM maintains that Broadcom's patent is invalid and not infringed."


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