Huawei, 17 Companies Triumph 337 Investigation

Seventeen companies including Shenzhen Huawei Technologies, Foxconn International Holdings prevailed in a 337 investigation in the United States, earning the right to continue exporting mobile phones, PDAs and any other wireless communication handsets embedded with Qualcomm chips.

In 2005, Broadcom filed a complaint on Qualcomm chip's infringement of its patent to the International Trade Commission (ITC).  On June 7, 2007, ITC issued an exclusion order banning importation of Qualcomm chips and the downstream products mentioned above, which meant such products of multiple manufacturers including Huawei, Foxconn, Samsung and Motorola are excluded from the U.S. market.  

On October 5, 2007, Huawei and other nine companies appealed to the U.S. Court of Appeals for the Federal Circuit (CAFC).  In a decision vacating the ITC finding, CAFC held that the ITC lacks the statutory authority to ban products made by downstream users of Qualcomm's chips who were not named in Broadcom's complaint.  

(China IP News)

2013-07-17