Court denies Qualcomm's bid on export ban stay

The US International Trade Commission (ITC) has denied a request by Qualcomm to stay an ITC ban on the importation of some Qualcomm chips and cell phones into the US while the company continues its appeal in a patent infringement case filed against it by Broadcom, an InfoWorld Daily report said.


The InfoWorld report said the ITC found in an eight-page ruling saying that Qualcomm failed to meet a 'four-prong test' applied in courts trying to determine whether to grant preliminary injunctions.


The test was also used in this particular case by a US federal court and requires that Qualcomm prove: a likelihood its appeal will succeed; that irreparable harm will be done to it if the stay is not imposed; that 'issuance of a stay would not substantially harm other parties'; and 'that the public interest favors a stay,' the report said.


After reviewing arguments and also hearing from other companies in the same market, the ITC found that Qualcomm didn't meet the requirements of the four-prong test.


The ITC issued the ban on June 7 after hearings on the matter, the report said.


The ban applies to some future mobile phones using Qualcomm 3G chips after the ITC found that Qualcomm infringed on one Broadcom patent.


A jury in US District Court for the Central District of California in Santa Ana found in late May that Qualcomm infringed on three other Broadcom patents and awarded Broadcom $19.6 million in damages.


As would be expected, Broadcom hailed the ITC decision, the report said.