The U.S. International Trade Commission has denied a request by Qualcomm 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.”