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Qualcomm Wins Stay Of Court Order Banning Imports Of Some Phones


The stay enables the importation of handsets manufactured by Kyocera Wireless, Motorola, Samsung Electronics, Sanyo Fisher, T-Mobile USA, LG Electronics, MobileComm U.S.A, and AT&T Mobility.



Mobile phone service providers and handset manufacturers using Qualcomm components in their phones have received a reprieve from a ban that blocked the phones from being imported into the United States. The stay on the ban was lifted Wednesday in a ruling by the U. S. Court of Appeals for the Federal Circuit.

The stay enables the importation of handsets manufactured by Kyocera Wireless, Motorola, Samsung Electronics, Sanyo Fisher, T-Mobile USA, LG Electronics, MobileComm U.S.A, and AT&T Mobility, Qualcomm said.

The ban, instituted by the International Trade Commission, stemmed from a patent dispute that Qualcomm lost to Broadcom. In a statement Broadcom noted that the appeals court only granted the stay pending an appeal of the ban by Qualcomm.

"We look forward to an expedited process in the appeal, and believe that the stay will eventually be lifted for all parties," said David Dull, Broadcom's senior VP and general counsel, in a statement.

The ban was stayed by Judge Haldane R. Mayer; the ruling is expected to allow mobile phone service providers to import advanced handsets that use Qualcomm components.

In July, Verizon Wireless had forged a separate agreement with Broadcom to avoid the ban and import handsets for its subscribers.

Qualcomm noted that Broadcom's complaint in the ITC was against Qualcomm and not against "downstream users," which, according to the appeals court ruling, had demonstrated "a substantial case on the merits and that the harm factors weigh in their favor."

Broadcom said the infringed patents include baseband processor chips in Qualcomm's core suite of multimedia and convergence handset platforms; Qualcom said the ITC ban was based on a Broadcom power-saving patent.


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