Qualcomm Incorporated (NASDAQ: QCOM) today announced that the U.S. Court of Appeals for the Federal Circuit affirmed a lower court decision and denied a request by Motorola for a preliminary injunction against Qualcomm's Q Phone™.
"We are delighted that the Appeals Court has confirmed the lower court's ruling and has again denied Motorola's request to enjoin Qualcomm from making and selling the Q Phone," said Steve Altman, executive vice president and general counsel for Qualcomm. "While we have not yet seen the appellate court's order, we couldn't be more pleased with the outcome."
The United States District Court for the Southern District of California originally denied Motorola's request in April of 1997. The District Court found that there are significant differences between the design of Qualcomm's Q Phone and Motorola's StarTAC phone. Further, the District Court said in its 30-page opinion that Motorola had little likelihood of success on the merits of its claims of design patent or trade dress infringement. Motorola filed an immediate appeal, and the appellate court heard oral argument last week.
Headquartered in San Diego, Qualcomm develops, manufactures, markets, licenses and operates advanced communications systems and products based on its proprietary digital wireless technologies. The Company's primary product areas are the OmniTRACS system (a geostationary satellite-based, mobile communications system providing two-way data and position reporting services), CDMA wireless communications systems and products and, in conjunction with others, the development of the Globalstar low-earth-orbit (LEO) satellite communications system. Other Company products include the Company's web site at http://www.qualcomm.com/.
Except for the historical information contained herein, this news release contains forward-looking statements that are subject to risks and uncertainties, including timely product development and commercial implementation of the Company's products, as well as the other risks detailed from time to time in the Company's SEC reports, including the report on Form 10-K for the year ended September 28, 1997 and most recent Form 10-Q.
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