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02:12 PM

ITC Upholds 2G Patent Ruling Between Qualcomm, Nokia

Qualcomm said it will consider appealing the decision and focus on consolidating its other various litigations with Nokia in Delaware this summer.

The International Trade Commission this week supported a judge's decision that Nokia didn't infringe on certain parts of Qualcomm's intellectual property.

Qualcomm said the ITC case relates to second generation -- or 2G -- technology and isn't related to 3G or W-CDMA products. The ITC case is one of several involving intellectual property issues in which the two firms are opposing each other.

The two cell phone makers have been sparring for several years over the ownership of several wireless patents. In December 2007, administrative Law Judge Paul Luckern found Nokia had not violated three of Qualcomm's wireless mobile patents. The ITC late Wednesday said it would uphold that ruling.

Qualcomm said it will consider appealing the decision to the Court of Appeals for the Federal Circuit and added that it is focusing on the consolidation of various Nokia-Qualcomm litigation in a Delaware Court in proceedings scheduled to get underway in July.

A Nokia spokesperson said the ITC case found that Nokia didn't infringe on three Qualcomm patents and that a patent was invalid.

"While Qualcomm is disappointed with the Commission's decision, we are focusing on the recent consolidation of the arbitration with the case in Delaware," said Don Rosenberg, Qualcomm's general counsel, in a statement. "We believe that the consolidation will resolve many important contract disputes between Nokia and Qualcomm more quickly and efficiently. The consolidation will bring these disputes before one of the most respected courts in the country and we are preparing for the tentative trial date of July 21, 2008."

Qualcomm had initially filed a complaint against Nokia with the ITC in June 2006.

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