Stung by a US import ban on some of its 3G chips because of patent infringement, Qualcomm Inc. said Friday it will immediately ask for a delay from the courts. It will also request President George Bush veto the order issued by the US International Trade Commission.
In a statement, Qualcomm said it was "extremely disappointed" with the ITC decision to ban the import of future models of 3G handsets using chipsets and software that infringes a Broadcom Corp. patent.
"The public injury that would result from the remedy imposed by the Commission is grossly disproportionate to any benefit flowing to Broadcom from such broad enforcement of a recently-purchased patent. Broadcom does not make or sell EV-DO chips, and Broadcom's claims that it can supply WCDMA products for the United States have been rebuffed by WCDMA operators in submissions the operators made to the ITC," the company said.
The ITC decision came Thursday, after a 3-2 vote. It is the latest move in a long saga between Qualcomm and rival Broadcom. In May, a federal court jury in California found that Qualcomm had infringed on three Broadcom patents, and awarded the latter company $19.6 million.
The order means that future models containing the infringing chipsets cannot be imported into the US. However, current models based on the chipsets are "grandfathered" in. The order will be enforced in 60 days, unless President Bush vetoes it or Qualcomm is able to get temporary court relief.
Carriers that would be affected include Verizon Wireless, AT&T, Sprint Nextel, and T-Mobile USA.
Broadcom noted in a statement Thursday that it is willing to work a deal with Qualcomm.
"We simply want to be adequately compensated for the use of our intellectual property," said David A. Dull, Broadcom's senior vice president and general counsel. "To that end, we have made it clear to Qualcomm that we are open to discussions regarding the potential for licensing of our patent. The ball is in Qualcomm's court."