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UPDATE 1-Broadcom, Qualcomm face off in US chip hearing

Wed Jul 9, 2008 4:10am IST
 
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(Adds companies asking that Qualcomm chips not be excluded)

WASHINGTON, July 8 (Reuters) - Wireless chipmakers Broadcom (BRCM.O: Quote, Profile, Research) and Qualcomm (QCOM.O: Quote, Profile, Research) went before a U.S. appeals court on Tuesday to argue a patent case that could result in BlackBerries and other advanced cell phones being banned for sale in the United States.

At issue is a patent on technology that helps cell phone chips use less power. The U.S. International Trade Commission ruled last year that Broadcom owns the patent, and that Qualcomm is wrongly selling chips for telephones that contain its technology.

In June 2007, the ITC, which hears patent cases involving imports, banned U.S. sales of some cell phone models that contain infringing Qualcomm chips. That order was stayed, to Broadcom's irritation.

"We have multiple findings of infringement and induced infringement," Broadcom's lawyer Robert Van Nest told the three-judge panel of the U.S. Court of Appeals for the Federal Circuit. "And no remedy."

Qualcomm appealed, supported by other high tech companies which would need to replace the chips in their phones if Broadcom prevails again.

Former U.S. solicitor general Ken Starr, speaking for 16 manufacturers and three wireless service providers, asked for the exclusion order to be canceled. "The order sweeps against us, not just Qualcomm itself," he said.

The companies included Kyocera Wireless, Motorola (MOT.N: Quote, Profile, Research), Samsung (005930.KS: Quote, Profile, Research), LG Electronics (066570.KS: Quote, Profile, Research), Sanyo Fisher, T-Mobile, AT&T (T.N: Quote, Profile, Research), Sprint Nextel (S.N: Quote, Profile, Research), Palm (PALM.O: Quote, Profile, Research) and BlackBerry maker Research in Motion (RIM.TO: Quote, Profile, Research)." (Reporting by Diane Bartz, editing by Leslie Gevirtz and Tim Dobbyn)

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