Qualcomm has scored a legal victory in its patent infringement lawsuit with Broadcom. A federal court has temporarily lifted a ban that bared the import of 3G phones using Qualcomm's chips.
The International Trade Commission (ITC) ruled months ago that Qualcomm chips infringe on Broadcom patent, and issued a cease and desist order preventing devices using the chips from being imported.
Now however, the Court of Appeals for the Federal Circuit granted a stay while Qualcomm appeals the ITC's ruling. This will allow third parties to import phones into the United States originally banned by ITC.
Some But Not All
The decision from the Court of Appeals comes at the request of a group of phone manufacturers and carriers, and applies only to them.
This group consists of Kyocera, LG, Motorola, Samsung, and Sanyo Fisher. The only wireless carriers are AT&T and T-Mobile, but the others can release models made by any of the manufacturers in the group.
Christmas Is Saved
What this means is that wireless carriers will be allowed to launch new smartphones for the upcoming holiday shopping season without worrying about whether these use Qualcomm chips.
Carriers had been allowed to continue importing products that were already being offered before the ban went into place, but they were barred from introducing new models with Qualcomm chips.
“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.
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