Qualcomm was found by an
administrative judge of the ITC to have infringed patents belonging
to Broadcom. The ITC said that it would ban phones containing the
chip in what has been a long-running dispute between Qualcomm and
Broadcom.
Qualcomm said that it will appeal the decision and renew its
request for a stay on the ban until its appeal is complete. The ITC
is a Government agency and its decisions can be appealed through
the court system. Qualcomm has lodged an appeal with the Federal
Circuit Court of Appeals.
US Trade Representative Susan Schwab said that she was unwilling
to overturn the ITC ruling, something the President's office has
only done on five occasions. She said decisions would only be
over-ruled in extraordinary circumstances.
The ban relates to technologies which allow mobile users to use
the internet through their phones.
"We are gratified by the decision of U.S. Trade Representative
Susan Schwab not to intervene in this case," said David Dull,
Broadcom's senior vice president and general counsel in a
statement. "The ITC remedy announced on 7th June was the measured
and fair outcome of a two-year investigative process."
"The comprehensive 60-day interagency review of the ITC order
involved senior policy experts from a wide range of Executive
Branch agencies, including the Office of the Trade Representative,
the Treasury Department, the Department of Homeland Security, the
Commerce Department and the State Department, among others," he
said. "Clearly, this senior level review charged to protect the
public interest fully weighed all the issues, separating fact from
assertion, and just as the ITC did, concluded that protecting
intellectual property rights best served that interest."
