Qualcomm Incorporated (Nasdaq: QCOM), a leading developer and innovator of Code Division Multiple Access (CDMA) and other advanced wireless technologies, today announced that the Court of Appeals for the Federal Circuit granted a stay pending appeal that will allow third parties to import handsets into the United States originally banned by the International Trade Commission (ITC).
The stay applies to all third parties that filed motions seeking a stay of the limited exclusion order imposed by the ITC on June 7, 2007. Those parties were Kyocera Wireless Corporation, Motorola, Inc., Samsung Electronics Corporation, Ltd., Sanyo Fisher Co., T-Mobile USA, Inc., LG Electronics MobileComm U.S.A., Inc., and AT&T Mobility LLC. The ITC had imposed the importation ban as a remedy after finding that Qualcomm had infringed a patent held by Broadcom relating to a power-saving technique.
Broadcom had filed the complaint in the ITC against only Qualcomm, leading Qualcomm and the third parties that are “downstream users” to argue that the ITC lacked the authority to issue an order excluding products imported by persons other than Qualcomm. In granting the stay, the Federal Circuit agreed that the third parties demonstrated “a substantial case on the merits and that the harm factors weigh in their favor.” The Federal Circuit declined to grant a stay with respect to Qualcomm's own imports. Qualcomm does not itself import the chips found to infringe Broadcom's patents.
“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, senior vice president and legal counsel, Qualcomm.
Qualcomm will continue to pursue the appeal of the ITC's order with the Federal Circuit and seek a reversal of the underlying infringement finding.
Qualcomm Incorporated (www.qualcomm.com) is a leader in developing and delivering innovative digital wireless communications products and services based on CDMA and other advanced technologies. Headquartered in San Diego, Calif., Qualcomm is included in the S&P 500 Index and is a 2007 FORTUNE 500® company traded on The Nasdaq Stock Market® under the ticker symbol QCOM.
Except for the historical information contained herein, this news release contains forward-looking statements that are subject to risks and uncertainties, including the Company's ability to successfully design and have manufactured significant quantities of CDMA components on a timely and profitable basis, the extent and speed to which CDMA is deployed, change in economic conditions of the various markets the Company serves, 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 24, 2006, and most recent Form 10-Q.