Friday, June 22, 2007

ITC denies stay on Qualcomm ban

The U.S. International Trade Commission <A HREF="http://www.infoworld.com/article/07/06/22/ITC-denies-stay-on-Qualcomm-ban_1.html">has denied a request by Qualcomm</A> to stay an ITC ban on the importation of some Qualcomm chips and cell phones into the U.S. while the company continues its appeal in a patent infringement case filed against it by Broadcom Corp.

The ITC found in an eight-page ruling issued Thursday that Qualcomm failed to meet a "four-prong test" applied in courts trying to determine whether to grant preliminary injunctions. The test was also used in this particular case by a U.S. federal court and requires that Qualcomm prove: a likelihood its appeal will succeed; that irreparable harm will be done to it if the stay is not imposed; that "issuance of a stay would not substantially harm other parties"; and "that the public interest favors a stay."

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