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Mobile phones and carriers heavily affected; Broadcom says its happy

Mobile communications is a market that's home to a large number of players, all of which are vying for a top spot, whether it’s in actual handhelds, phones or integrated electronics. This week however, a ruling by the U.S. International Trade Commission (ITC) throws a big wrench at major wireless carriers and handset makers.

The ITC put forth a ruling this week barring the import of mobile phones using chips from Qualcomm Inc. According to the ITC, Qualcomm's chips used in mobile phones infringe on patents belonging to Broadcom Inc. The chips from Qualcomm specifically deal with 3G communications and other advanced features.

Verizon Wireless and Sprint Nextel are the two major carriers in the U.S. that rely on Qualcomm's products to support their 3G networks. Qualcomm is the primary chip provider to 3G EVDO networks, and the ITC ruling will prevent any future phones using infringing chips from entering the U.S. Despite the shock to the industry, the ITC is allowing violating products that are already on sale to still be imported, but nothing else.

Verizon Wireless spokeswoman Nancy Stark told reporters that the ruling is a major hit to the industry.

"This is a bad order for the industry. It really impedes our ability to innovate," said Stark.

With the news, the top 3G networks in the U.S. are banding together in an effort to get President George W. Bush to veto the ruling. Verizon Wireless, Sprint Nextel and Vodafone Group are seeking a reversal of the decision by the Bush administration. At this time, the ITC ruling is not yet final but will become so in 60 days if it is not disapproved by the U.S. Trade Representative.

"The way for the industry to move forward is for the president to veto this misguided order," noted Paul Jacubs, chief executive officer of Qualcomm.

Broadcom however disagrees, stating that Qualcomm knowingly violated U.S. patent laws. "Qualcomm was trying to sidestep U.S. patent law, and it is not going to be successful," said Broadcom vice president David Rosmann.

According to the ITC statement:

The Commission is issuing a limited exclusion order that bars the importation of Qualcomm's infringing chips and chipsets and circuit board modules or carriers containing them. In addition, the exclusion order bars the importation of certain handheld wireless communications devices, such as cellular telephone handsets and personal digital assistants ("PDAs"), that contain Qualcomm's infringing chips and chipsets.

AT&T uses a different type of 3G network, one that is not limited to chips from Qualcomm and is therefore excluded from ruling. The company however is testing out technology from Qualcomm that works around Broadcom's patents. AT&T representatives indicated that the company is already testing the new technology. AT&T imminent release of Apple's iPhone will not be affected since the iPhone is not a 3G phone.

Last week, a San Diego jury ordered Qualcomm to fork over $19.6 million USD due to violations of Broadcom patents. The patents in question dealt with features such as push-to-talk and video compression.

Qualcomm's list of problems is now longer than ever. Earlier in May, Qualcomm along with ATI and Motorola became the subjects of a patent probe, raised by Tessera Technologies. The ITC launched the probe and is still investigating the claims. Qualcomm and Nokia are also suing each other in court over licensing agreements which expired in April of this year. Nokia is also working with Broadcom to raise antitrust objections to Qualcomm's business practices with European regulators.

Despite the ITC ruling, Qualcomm holds significant 3G related patents, many of which force Broadcom to pay royalties. The two companies started filing patents suits against each other after patent-licensing negotiations failed.



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Qualcomm needs to get a manufacturing partner here
By ElFenix on 6/8/2007 9:19:39 AM , Rating: 3
Are there any? I suppose Micron has some fabs here. And Intel. I think AMD closed their's. Does IBM still operate some here?

Of course, none of those would be willing to get into it until the patent issue is resolved anyway.




By ubcz on 6/8/2007 9:51:13 AM , Rating: 2
I know that Freescale fabs CDMA chips out of Chandler, AZ. Intel fabs wireless LAN chips, therefore they could re-tool for wireless phones but I don't think they would be interested. Micron fabs memory. I don't think AMD subcontracts nor if they have wireless knowledge.
IBM does subcontract, not sure if they have spare capacity since there would be serious volume.


By Eldoen on 6/8/2007 11:42:42 PM , Rating: 3
you miss the point if those fabs produce the technology with patent violations they would get a C&D from the courts in the US.


By bhieb on 6/8/2007 10:44:20 AM , Rating: 5
Here is obviously the US the bann is on US imports so manufacturing anywhere else would not solve the problem. Read a little before you try to rip into someone.


At the end, it will be more convenient...
By EntreHoras on 6/8/2007 1:20:07 PM , Rating: 2
...to Qualcomm to be bought by Broadcom.




RE: At the end, it will be more convenient...
By MGSsancho on 6/8/2007 3:24:12 PM , Rating: 3
qualcomm brought in $7.5B USD last year, and boradcom brought in $3.667B USD last year. in short, broadcom will not be in the postition to be buying qualcom any time soon. not only that but qualcomm is s hugh corporation. they make a lot of communication systems for military, aero-space, and telecommunications. you know those cell phone towers? chances are they made by, guess who, thats right qualcomm. oh and its not their fualt their ugly, thats up the the carriers (verizon, sprint, at$t, etc.)

oh and speaking from someone whos 'in' the industry, qualcomm is an extremely innovated company, they make new prototypes daily. ive seen some of the circuit boards, you know 40 layers, specialty coated wires so singles can go 10ghz, etc. i cant say what the material is " think non stick cooking pans" and wires a couple microns across. besides their tech is 10 years advanced to anything we will se any time soon. In my honest opinion, and keep in mind i know about quallcom more than broadcom, they were being completive to create new products, then broadcomm snatched up the patent first, now broadcom wants money. i think qualcom made the product working first. but that doesn't matter. it is business as usual.

I fell most terrible about customers who want to buy sexy new phones but cant. I could careless about carriers, they are huge companies and will always profit. im curious as to what will happen, and congress will wonder why America is behind the world in tech. I suppose tech\innovation and intelectual property\capitalism don't go together. someone prove me wrong =(


RE: At the end, it will be more convenient...
By Eldoen on 6/8/2007 11:41:13 PM , Rating: 2
CDMA is Qualcomm's technology, so every CDMA tower in the US and abroad has qualcomm in it somehow.

It would be interesting as I havn't looked at what broadcom patented. ev-do and the other 3g technology are based on CDMA-2000 technologies. which again are Qualcomm's tech. but obviously some part of it infringes on broadcom, but to me it appears more a snipeing than anything else two companies making the same technology at the same time and one getting the patent in first.


By MGSsancho on 6/9/2007 6:47:33 AM , Rating: 2
im guessing its not the modulation or anything like that, it is probably something like you said small. i would not be surprised of it was something that could not be easily changed like encryption or the hand-shake. if it was tiny, qualcomm would have changed it in a week. who knows, maybe they have a licensing agreement then it wasn't renewed or something. These are intelligent companies run by smart people. I do not think they would have designed, prototyped, and mass produced it, then to realize, hey guys its we stole it all and now were baned. so this leads me to conclude its an agreement that fell through/lapsed or something stupid involving lawyers.


Flat out denial
By Etsp on 6/8/2007 11:15:24 AM , Rating: 2
quote:
According to the ITC, Qualcomm's chips used in mobile phones infringe on patents belonging to Broadcom Inc. The chips from Qualcomm specifically deal with 3G communications and other advanced features.
quote:
Verizon Wireless spokeswoman Nancy Stark told reporters that the ruling is a major hit to the industry.

"This is a bad order for the industry. It really impedes our ability to innovate," said Stark.
Does anyone else see the irony of these two parts of the article? In particular, that quote from the Verizon spokeswoman...
That ruling is protecting the due profits of innovation, yet they are claiming it is impeding on Verizon's ability to innovate? Hello Verizon, what your manufacturer was doing isn't innovation... that is something called "Theft". You should know all about that, after all, Vonage was in the same boat you guys are now.




RE: Flat out denial
By AlexWade on 6/8/2007 4:20:45 PM , Rating: 2
If this was Broadcomm infringing on Qualcomm, Qualcomm would have sued in every country. Qualcomm is very litigious. In fact, in Europe, there are or were several lawsuits against Qualcomm's strong-armed tactics. I don't have them handy, so someone should verify all this.

IMO, this is good news. I consider Qualcomm second on the SCO in the evil factor.


RE: Flat out denial
By MGSsancho on 6/9/2007 6:58:04 AM , Rating: 2
Im only keen on their technical abilities and their prototypes.

I have seen the boards w/o components on them. its really cool before they have solder mask on them (the stuff that give the surface color,) its cobalt blue and bright copper. Sooo sexy. then when the copper gets nickel plated followed by gold (gold doesn't stick to copper well). so think of this wonderful dark blue mobos with gold traces as fine as hair with like 30 places to put surface mounted chips... then think of it being twice as thick as a comp mobo (15-30 layers), then think of it bing 3-5 advanced from everything else..... sexy delicious.

but to stay on target, heres what Google turned up
http://www.qualcomm.com/press/releases/1997/press8...
http://www.networkworld.com/news/2007/052407-nokia...
http://management.silicon.com/government/0,3902467...
After reading these, I feel bad for them. They order sexy prototypes.


By Chudilo on 6/8/2007 10:35:41 AM , Rating: 2
Well there you have it.
What goes around comes around.
Let's see how they like suffering from someone suing them for infringing on some extremely vague conceptual patents.

Do I even need to mention Vonage?




By shabodah on 6/8/2007 5:15:41 PM , Rating: 2
Thank You. I'm really sick of all this stupid patent policy. How about a US patent office that actually knows what it's doing first? Heck, you could probably right up a theory about how a noodle is made and still get it patented the way they review their stuff.....


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