terryjohnson16
09-12-2007, 07:32 PM
US court stays ITC ban on handset imports-Qualcomm | News | Market News | Reuters (http://www.reuters.com/article/marketsNews/idUKWNAS396820070912?rpc=44)
Wed Sep 12, 2007 7:29PM EDT
NEW YORK, Sept 12 (Reuters) - Wireless technology company Qualcomm Inc (QCOM.O: Quote, Profile, Research) said on Wednesday a U.S. appellate court had granted a stay, allowing certain third parties to import handsets into the United States.
The Court of Appeals for the Federal Circuit granted a stay pending appeal from an order by the International Trade Commission, which imposed a ban on the imports after finding that Qualcomm had infringed a patent held by Broadcom Corp (BRCM.O: Quote, Profile, Research), Qualcomm said.
The stay applies to all third parties that filed motions seeking a stay of a limited exclusion order imposed by the ITC on June 7.
Those parties were Kyocera Wireless Corp., Motorola Inc. (MOT.N: Quote, Profile, Research), Samsung Electronics Corp. Ltd, Sanyo Fisher Co., T-Mobile USA Inc., LG Electronics MobileComm U.S.A. Inc. and AT&T Mobility LLC, Qualcomm said. (Reporting by Paritosh Bansal)
Court puts hold on Qualcomm import ban - Yahoo! News (http://news.yahoo.com/s/ap/20070913/ap_on_hi_te/qualcomm_import_ban;_ylt=ArPM4Iu7u9lG_bswUJmNrkiSx LEF)
Court puts hold on Qualcomm import ban
By CHRISTOPHER S. RUGABER, AP Business Writer 27 minutes ago
WASHINGTON - A federal judge Wednesday halted an import ban on mobile phones by Qualcomm Inc., a rare legal victory in a long-standing patent dispute with rival Broadcom Corp.
Judge Haldane Mayer on the U.S. Court of Appeals for the Federal Circuit granted a request by several mobile phone manufacturers and AT&T Inc.'s wireless division to stay the ban the federal government ordered in June.
The U.S. International Trade Commission barred imports of new mobile phone models with Qualcomm chips after determining that the company had violated a patent held by chipmaker Broadcom on battery power-saving technology. The White House refused to overturn the ban in August.
The ITC's ruling applied to chips that are used in high-end phones that can transmit video and data at high speeds. Mayer's decision Wednesday will allow carriers and manufacturers to introduce new phone models later this year.
The order applies only to the seven companies that sought to halt the ban: carriers AT&T and T-Mobile USA Inc. and handset makers Motorola Inc., Samsung Electronics Corp., LG Electronics, Kyocera Wireless Corp. and Sanyo Fisher Co.
Sprint Nextel Corp. was conspicuously missing from the order but a spokesman for the carrier and a Qualcomm attorney said the carrier could sell phones made by any of the manufacturers covered.
"We think this is an important decision," said Sprint Nextel spokesman Matt Sullivan. "(The ban) was not an appropriate remedy."
Sprint Nextel has also sidestepped the ban by selling phones that rely on alternative software. According to Qualcomm, those alternative designs do not infringe on Broadcom's patents.
Verizon Wireless avoided the ban by striking a licensing agreement in July with Broadcom.
Numerous companies that use Qualcomm chips in the cell phones they manufacture, including Motorola, Samsung and T-Mobile, appealed the ITC ruling. They argued that since Broadcom only filed its complaint against Qualcomm, the ITC did not have the authority to block imports by companies other than Qualcomm.
The judge agreed with the appealing companies and stayed the ITC's order pending their appeal.
"We are pleased that the Court of Appeals recognized the undeserved harm to parties who were not named in the lawsuit, and that our customers will continue to be able to introduce new products into the U.S. marketplace during the appeals process," said Alex H. Rogers, Qualcomm's senior vice president and legal counsel.
A Broadcom spokesman did not immediately respond to requests for comment.
Qualcomm shares rose 83 cents to $38.70 in after-hours trading after ending the regular session down 14 cents to close at $37.87. Broadcom shares ended the regular session down 9 cents to $35.37 and were unchanged after-hours.
Wed Sep 12, 2007 7:29PM EDT
NEW YORK, Sept 12 (Reuters) - Wireless technology company Qualcomm Inc (QCOM.O: Quote, Profile, Research) said on Wednesday a U.S. appellate court had granted a stay, allowing certain third parties to import handsets into the United States.
The Court of Appeals for the Federal Circuit granted a stay pending appeal from an order by the International Trade Commission, which imposed a ban on the imports after finding that Qualcomm had infringed a patent held by Broadcom Corp (BRCM.O: Quote, Profile, Research), Qualcomm said.
The stay applies to all third parties that filed motions seeking a stay of a limited exclusion order imposed by the ITC on June 7.
Those parties were Kyocera Wireless Corp., Motorola Inc. (MOT.N: Quote, Profile, Research), Samsung Electronics Corp. Ltd, Sanyo Fisher Co., T-Mobile USA Inc., LG Electronics MobileComm U.S.A. Inc. and AT&T Mobility LLC, Qualcomm said. (Reporting by Paritosh Bansal)
Court puts hold on Qualcomm import ban - Yahoo! News (http://news.yahoo.com/s/ap/20070913/ap_on_hi_te/qualcomm_import_ban;_ylt=ArPM4Iu7u9lG_bswUJmNrkiSx LEF)
Court puts hold on Qualcomm import ban
By CHRISTOPHER S. RUGABER, AP Business Writer 27 minutes ago
WASHINGTON - A federal judge Wednesday halted an import ban on mobile phones by Qualcomm Inc., a rare legal victory in a long-standing patent dispute with rival Broadcom Corp.
Judge Haldane Mayer on the U.S. Court of Appeals for the Federal Circuit granted a request by several mobile phone manufacturers and AT&T Inc.'s wireless division to stay the ban the federal government ordered in June.
The U.S. International Trade Commission barred imports of new mobile phone models with Qualcomm chips after determining that the company had violated a patent held by chipmaker Broadcom on battery power-saving technology. The White House refused to overturn the ban in August.
The ITC's ruling applied to chips that are used in high-end phones that can transmit video and data at high speeds. Mayer's decision Wednesday will allow carriers and manufacturers to introduce new phone models later this year.
The order applies only to the seven companies that sought to halt the ban: carriers AT&T and T-Mobile USA Inc. and handset makers Motorola Inc., Samsung Electronics Corp., LG Electronics, Kyocera Wireless Corp. and Sanyo Fisher Co.
Sprint Nextel Corp. was conspicuously missing from the order but a spokesman for the carrier and a Qualcomm attorney said the carrier could sell phones made by any of the manufacturers covered.
"We think this is an important decision," said Sprint Nextel spokesman Matt Sullivan. "(The ban) was not an appropriate remedy."
Sprint Nextel has also sidestepped the ban by selling phones that rely on alternative software. According to Qualcomm, those alternative designs do not infringe on Broadcom's patents.
Verizon Wireless avoided the ban by striking a licensing agreement in July with Broadcom.
Numerous companies that use Qualcomm chips in the cell phones they manufacture, including Motorola, Samsung and T-Mobile, appealed the ITC ruling. They argued that since Broadcom only filed its complaint against Qualcomm, the ITC did not have the authority to block imports by companies other than Qualcomm.
The judge agreed with the appealing companies and stayed the ITC's order pending their appeal.
"We are pleased that the Court of Appeals recognized the undeserved harm to parties who were not named in the lawsuit, and that our customers will continue to be able to introduce new products into the U.S. marketplace during the appeals process," said Alex H. Rogers, Qualcomm's senior vice president and legal counsel.
A Broadcom spokesman did not immediately respond to requests for comment.
Qualcomm shares rose 83 cents to $38.70 in after-hours trading after ending the regular session down 14 cents to close at $37.87. Broadcom shares ended the regular session down 9 cents to $35.37 and were unchanged after-hours.