Court pushes back Qualcomm request for stay of ban

A federal appeals court dismissed for now Qualcomm's request for a stay of the ban on its chips.

A federal court won't consider Qualcomm's request for a stay of a trade commission order that bans the importation of its chips into the U.S.

The Court of Appeals for the Federal Circuit dismissed Qualcomm's request for a stay of the ban, saying that it can't consider a stay until a presidential review period is over. U.S. President George Bush has 60 days following the U.S. International Trade Commission's decision from June 7 to overturn the ban.

If the President doesn't veto the ITC decision, Qualcomm will again file an appeal with the court, said Emily Gin Kilpatrick, a spokeswoman for Qualcomm.

This is the second request for a stay that Qualcomm has lost. In late June, just weeks after the ban was issued, the ITC denied Qualcomm's request for a stay.

The ITC in early June banned the importation into the U.S. of future versions of Qualcomm chips that infringe on Broadcom Corp. patents. A list of mobile companies joined Qualcomm's request for a stay to the federal court, including Verizon Wireless, Sprint Nextel, T-Mobile USA, Motorola, AT&T Mobility, LG Electronics Mobilecomm U.S.A. and others.

The Friday ruling caps off a difficult week for Qualcomm. On Thursday, Verizon Wireless dropped its participation in efforts to overturn the ITC ruling and announced that it struck a deal that will allow it to continue to import phones with the banned chips by paying Broadcom for each phone. While Qualcomm called the move a positive development, others said the agreement makes it even less likely that the President will overturn the ban because it signals the companies might reach a deal on their own.

Qualcomm also suffered a blow overseas this week, where the European Commission said it might mandate the use of DVB-H (Digital Video Broadcasting-Handheld) technology for mobile TV services. DVB-H competes with Qualcomm's MediaFlo technology, which would be forbidden in Europe if the commission were to issue the mandate.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

More about AT&TAT&TBroadcomEuropean CommissionInternational Trade CommissionITCLGLG Electronics AustraliaMotorolaNextelQualcommSprintT-MobileVerizonVerizon Wireless

Show Comments