The US International Trade Commission has denied Qualcomm's appeal against a ban that could stop millions of the company's phones from entering the US market.
The ITC issued the ban on June 7, which blocked the import of phones using Qualcomm chips that it says violates a patent held by Broadcom. The commission issued the denial in a ruling released yesterday.
Like a fancy fork, the ITC's test used to consider a stay pending appeal is four-pronged. The appealing party must demonstrate: (1) a likelihood of success on the merits of the appeal; (2) irreparable harm if the stay is not given; (3) issuing a stay would not substantially harm other parties; and (4) the public interest favors a stay.
The ruling didn't specify which prong stuck Qualcomm, but determined it failed to get a passing grade.
The ban affects versions of handsets using Qualcomm's 3G chipsets. Products that made it into the colonies before June 7 however, remain legal eagle. San Diego-based Qualcomm still has a chance taking its appeal to the very top. The company said earlier it would ask President Bush to veto the ITC order.
"We have repeatedly communicated to Qualcomm our readiness to negotiate a lasting resolution to these issues - thus far to no avail," Broadcom said in a statement. "The burden of resolving these matters rests squarely with Qualcomm."
Qualcomm representatives did not immediately return a call seeking comment.
The ban is a result of a June 2005 investigation the ITC began in response to a complaint Broadcom filed alleging a patent for mobile device capabilities and power management was infringed by Qualcom. ®