ITC Institutes Enforcement Proceedings to Determine if Qualcomm Violated Cease and Desist Order
The International Trade Commission has instituted a formal enforcement proceeding to determine whether Qualcomm is in violation of the Commission's cease and desist order which prohibits it from engaging in certain activities in the U.S. related to certain baseband processor chips and chipsets, transmitter and receiver (radio) chips, power control chips, and products containing same, including cellular telephone handsets and PDAs (personal digital assistants).
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The ITC will also determine what, if any, enforcement measures are appropriate.
(On June 7, 2007, the ITC issued a cease and desist order that prohibits Qualcomm from engaging in certain activities in the U.S. related to certain Qualcomm chips and chipsets and handheld wireless communication devices containing baseband processor chips or chipsets that are programmed to enable certain power saving features.
The ITC also issued a limited exclusion order, with certain exemptions, prohibiting the importation of certain infringing chips. 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.)
Broadcom Asserts that Qualcomm Continues to Market, Test, & Program Chips
The complainant, Broadcom Corporation of Irvine, CA, asserts that Qualcomm has violated the ITC's cease and desist order by continued marketing of infringing, imported baseband processor chips and chipsets, and continued testing and programming of imported baseband processor chips and chipsets to transform them into infringing products.
(See ITT's Online Archives or 09/18/07 news, 07091810, for BP summary of a CAFC's grant of a stay (pending appeal) to allow seven companies to import handsets containing Qualcomm chips that were banned by the ITC's limited exclusion order.)
ITC contact - Clint Gerdine (202) 205-3061
ITC notice (Inv. No. 337-TA-543, FR Pub 12/28/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-25173.pdf