U.S. bans some cell phones in Qualcomm patent case
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The U.S. International Trade  Commission ordered a ban on Thursday of some imported cell  phone models containing Qualcomm Inc.  chips that  infringe on a Broadcom Corp.  patent.
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A federal judge Wednesday halted an import ban on mobile phones by Qualcomm Inc., a rare legal victory in a long-standing patent dispute with rival Broadcom Corp.
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Blog: There's a bipartisan call for the president to overturn a decision to prevent allegedly patent-infringing Qualcomm chips in all new phones shipped to the U.S.
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Qualcomm Inc.  said on Tuesday that a U.S. federal jury had found it infringed three patents held by Broadcom Corp. in the latest of their ongoing legal disputes.
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A federal court won't consider Qualcomm's request for a stay of a trade commission order that bans the importation of its chips into the U.S.
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InfoWorld - 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.
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The hit on Qualcomm from a patent suit it lost to rival Broadcom may be slashed because of an unrelated ruling that came down in August.In May, a jury in the U.S. District Court for the Southern District of California found that&#160;Qualcomm infringed three Broadcom patents&#160;and awarded Broadcom $19.6 million. The judge in that case, James Selna, said he would double the damages to more than $39 million because the jury found the infringement was wilful. The damage award isn&#39;t final because other issues in the case are still pending.On Monday, Selna tentatively overturned the double award because of a new standard for proving wilful infringement, said Broadcom attorney David Rosmann. Broadcom can either accept the $19.6 million in direct damages or pursue a new trial in which it would try to prove Qualcomm acted deliberately, he said. Judge Selna ruled any new trial would look at the whole case over again, he said.Broadcom hasn&#39;t decided which path to take, but its priority in the case is getting an injunction to stop Qualcomm from making, using or selling the chips, Rosmann said.&quot;The issue of the injunction is far more important to Broadcom than the damages,&quot; Rosmann said. &quot;We&#39;re hoping to move forward on the injunction as quickly as possible.&quot;In August, the U.S. Court of Appeals for the Federal Circuit upped the ante for patent owners that want to earn higher damages -- they can be as much as tripled -- by proving someone knew they were infringing a patent and did so anyway, according to patent attorney Smith Brittingham of Finnegan, Henderson, Farabow, Garrett &amp; Dunner.&quot;You have to show more comprehension of the situation than you would have had to in the past,&quot; Brittingham said. The Federal Circuit ruling, on a suit against hard-drive vendor Seagate Technology, automatically changed the standard in all federal courts, he said. The ruling could change other pending cases, he said.The new standard probably won&#39;t discourage patent suits among competitors like the Broadcom-Qualcomm dispute, but it may make litigation less attractive for patent-holding companies in the business of suing, Brittingham said.&quot;It&#39;s consistent with the view that ... maybe patent infringement cases have gotten too easy to win and have created an unnecessary drag on business,&quot; he said.Judge Selna asked Broadcom for a decision by the end of this week, Rosmann said. Qualcomm declined to comment on the substance of the case.The suit is one of several between Qualcomm and Broadcom, who are battling over the market for mobile-phone chips.
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The hit on Qualcomm from a patent suit it lost to rival Broadcom may be slashed because of an unrelated ruling that came down in August.
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SAN DIEGO | Santa's bag could be missing some cell phones this holiday season if a ban holds on new models of phones with chips from Qualcomm Inc.   The ban Thursday by the U.S.
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(InfoWorld) - The U.S. International Trade Commission barred the import of future models of phones using Qualcomm third-generation chips, marking a blow to the vendor in itsÂ ongoing intellectual property battle with Broadcom. New models of phones and personal digital assistants that hit the market after Thursday and that include certain Qualcomm chips can't be imported to the U.S., according to the order. The Commission decided to limit the ban to forthcoming phones because banning all phones with Qualcomm chips would have been against public interest and could hurt the economy and U.S. consumers, it said in a statement. The decision to only focus on future devices was a compromise. Banning all phones would be a "great burden" to companies that may not have enough other products to choose from, the ITC said. However, banning only the chips and not actual phones wouldn't offer much relief to Broadcom as not many chips are imported. The compromise was designed to be acceptable to companies that buy the phones while still offering relief to Broadcom, the ITC said. The move follows aÂ Commission finding late last yearÂ that Qualcomm had infringed on a Broadcom patent that relates to power management. The patented technology helps save battery life when a mobile phone can't find a wireless signal. Broadcom has said that essentially all third-generation EV-DO (Evolution-Data Optimized) and WCDMA (Wideband Code Division Multiple Access) phones use it. The ban follows a hearing before the ITC that happened on May 21. During the hearing, Broadcom and Qualcomm were allowed to argue the merits of a ban. Broadcom asked the commission to ban all handsets with Qualcomm's WCDMA and EV-DO chips, excluding smartphones, PDAs, and laptop cards. Qualcomm asked the commission to consider the effect such a ban would have on consumers and emergency response agencies. The ban is effective immediately and becomes final in 60 days. The ITC case is just one of many between the two companies in their ongoing argument over patent violations. Last week,Â a jury found that Qualcomm had infringed on three other Broadcom patents, awarding Broadcom $19.6 million in damages. Qualcomm plans to challenge the ruling. The companies have also recentlyÂ dismissed other patent infringement cases against each other. Qualcomm faces legal challenges from other camps as well,Â an indication of how much these companies believe is at stake in the wireless industry. Qualcomm is separately embroiled inÂ a series of legal maneuvers with Nokia, which claims that the chip maker charges too much in licensing fees. A licensing agreement between the two expired in February, and they have yet to hammer out a new one.
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ITC blocks import of 'patent infringing' chips Chipmaker Qualcomm has appealed against a ban that could block over four million phones from entering the US market. The ban was announced by the International Trade Commission (ITC) and is the result of a long running patent dispute.â¦
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On Thursday, the International Trade Commission (ITC) announced that Qualcomm is barred from importing certain high-end chips and chipsets designed for use in 3G cell phones and other mobile devices.
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Qualcomm Inc.'s  chief executive said on Thursday that the company would ask the Bush administration to overturn an order by the U.S. International Trade Commission banning some imported cell phone models containing Qualcomm chips and would also seek an emergency stay from a federal appeals court.
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The U.S. International Trade Commission (ITC)&#160;said it will investigate whether Qualcomm is complying with a ban that prohibits it from importing certain chips into the U.S.The investigation is the result of a complaint that Broadcom filed with the U.S. ITC. Qualcomm is importing chips that employ a work-around of a Broadcom patent that the court ruled Qualcomm infringes. Broadcom alleges that the new technology also infringes its patent.The investigation is the latest chapter in a long-running dispute between the two chip companies. In July, the ITC ruled that Qualcomm was infringing on Broadcom patents. In a very rare decision,&#160;the ITC forbade the import of phones that included future versions of certain Qualcomm chips rather than all the offending chips because the commission decided that would have unduly damaged the economy.However,&#160;the U.S. Court of Appeals for the Federal Circuit has since stayed that ruling.One attorney suspects that Broadcom&#39;s most recent complaint to the ITC is an effort to essentially overrule the appeals&#39; court stay.&quot;This enforcement proceeding represents a crafty way for Broadcom to get around the court&#39;s stay and go directly to the ITC to give some teeth to the remedy provided by the ITC,&quot; said Lyle Vander Schaaf, an attorney at Bryan Cave and a former ITC attorney.If the commission decides in Broadcom&#39;s favor, Qualcomm could face millions of dollars in penalties, he said.Broadcom said it is seeking fines and additional orders against Qualcomm.
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The U.S. International Trade Commission ordered a ban on Thursday of some imported cell phone models containing Qualcomm Inc.  chips that infringe on a Broadcom Corp.  patent.
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WASHINGTON/NEW YORK  - A U.S. trade agency banned on Thursday imports of some cell phone models containing Qualcomm Inc.  chips because of patent violations, but the decision immediately drew vows to appeal.
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Qualcomm Inc  is aiming to file on Monday or Tuesday for an emergency stay of a U.S government ban on importing certain phones containing its chips, general counsel Lou Lupin said on Friday.