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ITC denies Qualcomm request for ban order stay

Posted: 26 Jun 2007 ?? ?Print Version ?Bookmark and Share

Keywords:ITC ruling? importation ban order? Qualcomm request?

The U.S. International Trade Commission (ITC) has rejected a request by Qualcomm Inc. to suspend the ITC's recent exclusion order, which bans the importation into the U.S. of some Qualcomm chips, and mobile phones containing those chips, that infringe a Broadcom patent.

The decision follows the ITC's June 7 ruling, which was the latest move in a long saga between Qualcomm and rival Broadcom.

In May, a federal court jury in California found that Qualcomm had infringed on three Broadcom patents, and awarded the latter company $19.6 million. In a statement June 22, David Dull, Broadcom's senior vp and general counsel, said: "So far, Qualcomm has been found to infringe four different Broadcom patents, one tried in the ITC and three others tried before a federal jury last month in Santa Ana, Calif., which also found Qualcomm's infringement to be willful.

"In its proceeding, the ITC constructed a balanced compromise remedy following months of exhaustive study, mountains of evidence and two days of hearings. The ITC went to great lengths to provide a remedy that limited Qualcomm's on-going infringement without harming public heath and safety, competitive conditions in the U.S. economy, or U.S. consumers," added Dull.

Broadcom again reiterated it wants to be adequately compensated for the use of its IP and to be able to compete fairly in the cellular markets on the merits and innovation of its products and technologies.

"Yet Qualcomm, which collects about $3 billion a year from licensing its own patent portfolio and itself uses the ITC as a forum against competitors, refuses to provide appropriate compensation for the use of our IP. We have repeatedly communicated to Qualcomm our readiness to negotiate a lasting resolution to these issuesthus far to no avail. The burden of resolving these matters rests squarely with Qualcomm," said Dull.

Earlier this week, the CTIA, the U.S. trade group representing the wireless industry, asked President Bush to veto the ITC's ban. The Bush administration has 60 days to review the International Trade Commission's ban.

The CTIA said in a letter to President Bush that the ban would freeze innovation, cause economic disruption including job losses, and adversely affect public safety and the competitiveness of the country's telecom industry.

The letter, signed by CTIA President Steve Largent, cited expert predictions that high-speed wireless services would account for half of wireless growth in the next five years and generate two to three million jobs over the next decade.

Qualcomm and Verizon Wireless also said they would push for a veto.

- John Walko
EE Times Europe

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