ITC Rejects Broadcom's Infringement Injunction Plea
The U.S. International Trade Commission has turned down 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 Qualcomm continues fighting a patent infringement suit filed against it by Broadcom.
The IDG News Service's Nancy Weil notes 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 $19.6 million in damages.
In making its decision, the ITC said Qualcomm did not meet a "four-prong test" traditionally applied by courts needing to decide whether preliminary injunctions of the type Broadcom was applying before could be granted.
The "four prongs include: 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."
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 $19.6 million in damages.
Tthe 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.," said Broadcom president David A. Dull. "The burden of resolving these matters rests squarely with Qualcomm."
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