Feeds

Qualcomm import ban lifted

But not for er, Qualcomm

Gartner critical capabilities for enterprise endpoint backup

The US Court of Appeals has ruled that the International Trade Commission can't actually ban third parties from importing kit containing Qualcomm chips, even if they breach a Broadcom patent.

In June last year the ITC issued a ban which prevented third parties from importing devices containing specific Qualcomm chips, on the basis that those chips infringe a Broadcom patent. But the companies importing the chips were not named in the action brought by Broadcom - and therefore, the Court of Appeals has decided, they can't be prevented from shipping them into the US.

However, Qualcomm's attempts to manoeuvre its chips from under the patent's cover failed, so it won't be able to ship any of its own chips into the country.

Qualcomm reckons it's redesigned its products to work around the Broadcom patent anyway, so the lifting of the ban won't have a big impact on day-to-day operations - it only represents another round in the ongoing struggle between the two companies.

The ruling (pdf) also gives a fascinating look at the English language, and how much money can depend on a single word or phrase. The Court of Appeal decided that the ITC had overstepped the mark on the basis of a clause that states under what conditions a third party can be banned from importing goods, and another that claims no clause shall be deemed superfluous - thus a ruling against Qualcomm can't be applied to third parties, as that would render the specific clause redundant. (Still with us?)

Given that the whole patent cases depends on the definition of the word "different", in the context "[A] second wireless communication different from the first", it's hardly surprising that the rulings are becoming increasingly semantic-dependent.

Qualcomm's assertion that the GSM specification is a "single document", for the purposes of prior-art, was undermined by each specification making up the standard having its own page numbering and cover picture. The ruling also found that while Qualcomm might have been guilty of encouraging others to break the patent, by providing documentation and technical support, this did not constitute "evidence of culpable conduct, directed to encouraging another’s infringement".

Basically this is one more round in a battle between the two companies, of more interest to English students than anyone using a mobile phone, but each battle surely brings the end of the war a little closer. ®

Secure remote control for conventional and virtual desktops

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
So, Apple won't sell cheap kit? Prepare the iOS garden wall WRECKING BALL
It can throw the low cost race if it looks to the cloud
EE accused of silencing customer gripes on social media pages
Hello. HELLO. Can EVERYTHING EVERYWHERE HEAR ME?!
Time Warner Cable customers SQUEAL as US network goes offline
A rude awakening: North Americans greeted with outage drama
Shoot-em-up: Sony Online Entertainment hit by 'large scale DDoS attack'
Games disrupted as firm struggles to control network
BT customers face broadband and landline price hikes
Poor punters won't be affected, telecoms giant claims
Broadband slow and expensive? Blame Telstra says CloudFlare
Won't peer, will gouge for Internet transit
Netflix swallows yet another bitter pill, inks peering deal with TWC
Net neutrality crusader once again pays up for priority access
prev story

Whitepapers

Best practices for enterprise data
Discussing how technology providers have innovated in order to solve new challenges, creating a new framework for enterprise data.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Advanced data protection for your virtualized environments
Find a natural fit for optimizing protection for the often resource-constrained data protection process found in virtual environments.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?