US bans import of Qualcomm 3G phones
Comeuppance from Broadcom
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The US International Trade Commission has barred the import of new cell phones that use chips made Qualcomm, following a legal determination they infringe a patent held by competitor Broadcom.
The ban includes the import of Qualcomm chips and chipsets, but doesn't affect handsets and PDAs on the market prior to today's ruling, according to a news release issued by the federal agency. The chips at issue are used in a variety of 3G phones such as those operating on networks run by Verizon, Sprint, and AT&T.
The White House now has 60 days to approve or overturn the ruling, according to the Associated Press. Qualcomm could settle the patent dispute with Broadcom or could appeal today's decision to a federal court.
Qualcomm representatives didn't immediately return a call seeking comment.
If lawyers among Qualcomm's intellectual property ranks have glum faces there is good reason. Most recently, a federal jury awarded Broadcom $19.6m after finding Qualcomm chip designs infringed three patents. That judgment could be tripled to almost $60m under patent rules that provide for stiff penalties when the infringement is deemed to be willful. Not to be outdone, Nokia, Texas Instruments, NEC, Panasonic and Ericsson have all filed complaints with the European Commission, accusing Qualcomm of violating competition law through its licensing practices.
Today's action represents a compromise between remedies proposed by Broadcom, which had sought a ban on all devices that use the infringing chips regardless of when they were put on the market, and an ITC administrative judge, who favored blocking only the chips and chipsets themselves.
In taking the middle ground, a majority of the commission determined that barring only new phones would reduce burdens that otherwise would have been imposed on third parties while still "affording meaningful relief to the patent holder".
The ban stems from a June, 2005 investigation the ITC commenced in response to a complaint Broadcom filed alleging a patent it held for mobile device capabilities and power management was infringed by Qualcomm. In October 2006, an administrative law judge ruled in favor of Broadcom and recommended an import ban of Qualcomm chips into the US. ®
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COMMENTS
"It's not stupid, It's advaaanced!"
" Once again, Apple outsmarts the market by packaging old technology in a slick wrapper "
Bully for them, then! By using 802.11b/g, and not n, and EDGE and not the not-as-supported-in-its-target-market 3G, it does have a slower connection speed, but longer battery life! Furthermore, you're more likely to find a wifi hotspot than a 3G antenna, especially since you can install the former in your own home. And while most people won't notice the connection difference save when looking at bullet points, smartphones' short battery life is one of the common complaints.
It's like how the ipods weren't color until the prices of the displays were cheap and efficient enough. Or they had hard drives until they could get good prices on flash memory. And the iPods still don't have wireless. But what would you rather have, being able to squirt, or being able to listen for longer?
Doing more with less. Fancy, that.
"But Blain," you cry, "3G is what's big in Europe, where Apple isn't selling!" And in the states, the steering wheel's on the left side of the car.
No. Just stupid.
BRCM is clearly more interested in being #1 with a lawsuit than developing a compelling 3G solution. May their new found business plan do them justice.
iPhone not affected because it uses ancient technology
Fortunately, the iPhone does not use the state-of-the-art technology 3G EV-DO that these patents involve. Once again, Apple outsmarts the market by packaging old technology in a slick wrapper, much as they did for years with slow PowerPC chips.
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