Stay Allows Seven Companies to Import Certain Wireless Handsets Containing Qualcomm Chips
According to sources at the Court of Appeals for the Federal Circuit and numerous press reports, on September 12, 2007, the CAFC granted a stay pending appeal that will allow seven companies to import handsets (e.g., cellular phones) containing Qualcomm chips into the U.S. that were banned by the International Trade Commission under a limited exclusion order.
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(The ITC issued a limited exclusion order prohibiting the unlicensed entry of certain Qualcomm baseband chips, chipsets, cell phones and PDAs containing same, etc.)
Stay Allows Handset Imports by Seven Companies
The stay for wireless handsets applies to the seven companies that filed motions seeking a stay of the limited exclusion order imposed by the ITC on June 7, 2007. Those parties are Kyocera Wireless Corporation, Motorola, Inc., Samsung Electronics Corporation, Ltd., Sanyo Fisher Co., T-Mobile USA, Inc., LG Electronics MobileComm U.S.A., Inc., and AT&T Mobility LLC.
The CAFC declined to grant a stay with respect to Qualcomm's own imports.
(A Broadcom Corporation press release also notes that the CAFC's ruling does not affect the ITC's cease and desist order barring Qualcomm from bringing infringing chips into the U.S., or engaging in certain activities related to the infringing chips, affecting its ability to provide support to its customers for such essential services as designing next-generation mobile handsets, or supporting the testing and debugging of handsets.)
(See ITT's Online Archives or 06/14/07 news, 07061415, for BP summary of the ITC's limited exclusion order and cease and desist order.
See ITT's Online Archives or 07/05/07 and 08/15/07 news, 07070515 and 07081510, for BP summaries of CBP's certification procedures and updated certification procedures, respectively, for "pre-existing" models of cell phones, PDAs, etc. that are exempt from the limited exclusion order.
See ITT's Online Archives or 09/12/07 news, 07091225, for BP summary of a recent ITC patent investigation initiated against Nokia Corporation on similar products.)
Qualcomm press release (dated 09/12/07) available at http://www.qualcomm.com/press/releases/2007/070912_Federal_Circuit_Court_print.html
Broadcom press release (dated 09/12/07) available at http://www.broadcom.com/press/release.php?id=1051142