Ban on Qualcomm Phone Imports Reverberates Through Industry
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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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The wireless phone provider's focus on business spills over into the consumer market.
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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.
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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. 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. Â
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International mobile phone manufacturers such as Nokia and Motorola have halted the rapid rise of local rivals in the crucial Chinese market, a victory won largely by revamping distribution chains and introducing new handset designs, market analysts and foreign industry executives said.
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The world's top cellphone maker Nokia   said on Tuesday the U.S. International Trade  Commission has decided to start investigating Qualcomm Inc's   trade practices and alleged patent infringement.
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Qualcomm scored a minor victory in its continuing spat with Nokia when a judge last week recommended ending&#160;the investigation Nokia brought&#160;against it in August for infringing patents.In August, Nokia asked the U.S. International Trade Commission (ITC) to&#160;ban the import of Qualcomm chip sets&#160;used in cell phones, including 3G (third-generation handsets), for allegedly infringing on five patents held by Nokia.ITC Administrative Law Judge Paul Luckern granted Qualcomm a motion to terminate the investigation, as the companies are already in arbitration to settle a dispute behind a technology license the two companies signed earlier. If the decision stands after a 30-day review, Qualcomm won&#39;t be prevented from importing its chip sets into the U.S.Nokia originally requested ITC to initiate an investigation against Qualcomm for infringing patents and issue an exclusion order to bar the import of infringing Qualcomm chip sets into the U.S.For two years now, the spat between the two companies over patent licensing has led to several lawsuits.Last year,&#160;Qualcomm filed a complaint with the ITC against Nokia over GSM&#160;(Global System for Mobile Communication) patents.The ITC is already investigating Nokia after&#160;InterDigital complained that Nokia infringed&#160;two of its 3G wireless technology patents. The commission also&#160;banned some Qualcomm imports&#160;in June, after&#160;complaints from Broadcom for patent infringement.
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A U.S. International Trade Commission (ITC) judge made an initial ruling in Nokia&#39;s favor in an ongoing and long-running dispute with Qualcomm.The case was brought by Qualcomm and charged Nokia with infringing on patents&#160;in its GSM/GPRS/EDGE (Global System for Mobile Communications/General Packet Radio Service/Enhanced Data Rates for GSM Evolution) handsets that do not include WCDMA (Wideband Code Division Multiple Access). The patents cover certain power control technologies.The judge also ruled that one of Qualcomm&#39;s patents in question is invalid, Nokia said.Qualcomm, which is best known for its development of CDMA technology, was seeking a ban on the importation of Nokia handsets using the technology into the U.S. The original complaint alleged that Nokia infringed on six patents, Nokia said. Since then, Qualcomm withdrew three patents from the complaint, Nokia said.Nokia and Qualcomm are embroiled in a bitter battle that likely has at its heart a cross-licensing agreement that expired earlier this year. Nokia clearly believes so. &quot;It appears to us the lawsuits are tactics related to our ongoing cross-licensing negotiations,&quot; said Rick Simonson, Nokia&#39;s chief financial officer, during a conference call with media on Wednesday.Qualcomm has filed 11 patent infringement suits against Nokia around the world over the past two years, he said.&quot;Qualcomm is attempting to resolve the negotiations in its favor without having to address the true value of its patent portfolio,&quot; Simonson said. Nokia argues that while Qualcomm was the leading contributor to CDMA, the chipmaker&#39;s contribution to WCDMA, a third-generation mobile standard, is much smaller. That, combined with an increase in value of Nokia&#39;s intellectual property, means the phone maker should have to pay Qualcomm less than previously paid as part of their cross-licensing deal, Nokia argues.Simonson would not comment on the progress of the renegotiations beyond to say that discussions continue.In its statement, Qualcomm did not comment further than to say that it plans to petition the ITC to review the ruling. The ITC is scheduled to make a final ruling on April 14. Qualcomm did not immediately respond to a request for further comment.This story was updated on December 12, 2007
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Won't somebody think of the industry? The success of 3G phone technology is being put at risk by a patent dispute between Nokia and Qualcomm, Nokia said today.â¦
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While upholding a ban on importing Qualcomm chips themselves into the US, an appeals court judge stayed the ban for individual phone manufacturers to continue shipping their phones here.
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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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And Motorola deal Comment On a financial analyst tour in the UK last week, Qualcomm CEO Paul Jacobs lamented that, on a day when the chipmaker made a string of major announcements, the commentators were only interested in asking about the licensing disputes with Nokia.â¦
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Blog: U.S. International Trade Commission has denied a request for a stay on a ban imposed earlier this month on the import of new handsets using Qualcomm's 3G chips.
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A federal court has temporarily lifted a ban on imports of new phones using Qualcomm chips while the chip maker appeals a patent infrigement case.
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InfoWorld - The head of the cellular industry association sent a letter to President Bush, asking him to strike the U.S. International Trade Commission&#39;s recent&#160;ban on the import of Qualcomm phones in the U.S.
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NEW YORK - Why would wireless chip company Qualcomm want to get into the display business? To do what it does best: license technology to mobile phone manufacturers everywhere.
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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.