World News: QUALCOMM to appeal ITC’s ban on imports of future 3G phones

World News:  QUALCOMM to appeal ITC’s ban on imports of future 3G phones

QUALCOMM will appeal against the International Trade Commission’s decision to ban the import of future models of 3G mobile broadband handsets incorporating QUALCOMM chipsets and software that allegedly infringe a Broadcom patent.

QUALCOMM maintains that Broadcom's patent is invalid and not infringed.

QUALCOMM claims that Broadcom, having chosen not to develop an EV-DO solution and having failed in the marketplace to generate interest in its WCDMA products, brought this litigation against QUALCOMM and used it as a vehicle to attack the US cellular industry, despite declining to accuse any wireless manufacturers or operators of infringement or any other wrongdoing.

QUALCOMM and the US wireless industry will seek an emergency stay from the Federal Circuit and a Presidential veto of the ITC's ruling on several grounds, including that Broadcom's ITC action will harm US consumers, impact public safety and national security and harm the US economy by stunting mobile broadband deployment.

QUALCOMM says that punishing innocent cellphone manufacturers and wireless operators that were given no opportunity to contest Broadcom's infringement claims, the ruling also raises serious issues of due process and fairness.

QUALCOMM and its partners have invested heavily in providing products that enabled E911 emergency call centres to locate wireless subscribers. Affordable new phone designs, which further improve the performance and accuracy in emergency situations, will be impacted by this order.

“While there is no immediate disruption to QUALCOMM's ability to import chips, this decision does immediately affect third parties who were not even permitted to appear in the infringement proceeding,” said QUALCOMM CEO Dr Paul Jacobs. “We believe the Commission has not afforded manufacturers and operators, who will bear the brunt of this order, an adequate opportunity to defend their interests.”

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