Court stays import ban while Qualcomm appeals

September 13, 2007, 11:10 AM —  IDG News Service — 

U.S. mobile users waiting for the next crop of phones could breathe a sigh of relief Wednesday when the U.S. Court of Appeals for the Federal Circuit granted a stay on an import ban against handsets that use some Qualcomm Inc. chips.

The International Trade Commission ordered the ban in June after the Qualcomm chips were found to infringe Broadcom Corp. patents. It only affected future models, not current imports. If imposed, it could affect handset makers including Motorola Inc., Samsung Electronics Co. Ltd. and others, who filed motions seeking the stay. The latest move lets those manufacturers bring in the new phone models while Qualcomm appeals the ITC's order and seeks a reversal of the patent-infringement ruling.

The fight for the stay was considered an uphill battle. Smith Brittingham, a lawyer with Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., said in June he could only remember one time when such a ruling had been stayed pending an appeal.

IDG News Service

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