Qualcomm Chip Ban Upheld

A U.S. appeals court has upheld a lower court's order barring the sale of 3G WCDMA chips that have been found to violate Broadcom patents.

The U.S. Court of Appeals for the Federal Circuit in Washington D.C. has let stand a lower court ruling that prevents Qualcomm from selling some of its 3G WCDMA wireless chips in the United States. The original injunction was handed down in early January and bars Qualcomm from selling or supporting wireless phone chips infringe on three Broadcom patents.

Qualcomm has been appealing the decision and the injunction; in the meantime, the company has been offering UMTS chip designs that don’t infringe on Broadcom technology. Qualcomm may also sell selected infringing chips under a “sunset” provision ending January 31, 2009, while paying royalties to Broadcom.

“We are gratified that the U.S. Court of Appeals rejected Qualcomm’s motion for a stay, leaving in force the injunction against Qualcomm’s infringement issued by the U.S. District Court in Santa Ana,” said Broadcom general counsel David Dull, in a statement.

In a statement, a Qualcomm spokesperson noted the appeals court granted Qualcomm’s motion for an expedited schedule for briefings and oral arguments in the company’s appeal.

The patent dispute between the two companies reached back more than two years, and is just one long-running legal battle Qualcomm’s plate: the company is also engaged in a protracted patent standoff with rival Nokia.