The U.S. International Trade Commission has granted an injunction to Broadcom Corp. banning the importation of new models of cell phones incorporating Qualcomm Inc. chips and chipsets. The ITC had earlier determined that Qualcomm infringed Broadcom’s patent directed to power saving features of handheld wireless communication devices including cellular devices working on 3G networks of AT&T, Sprint, T-Mobile and others. In parallel court proceedings, Qualcomm was also found to have wilfully infringed the patent and was ordered to pay U.S. $19.6M.
The ban does not apply to existing devices being imported for sale before June 7, 2007. The decision does not ban Qualcomm chips or chip sets per se, but instead applies to third-party products incorporating these devices even though such parties did not participate in the ITC proceedings.
ITC orders are subject to presidential review for sixty days. Qualcomm is seeking a temporary stay from the Federal Circuit Court of Appeals and asking the White House to veto the order.
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