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At a March public hearing, the International Trade Commission (IT...

At a March public hearing, the International Trade Commission (ITC) will set penalties against Qualcomm for infringing a Broadcom patent. In Dec., the ITC upheld an administrative law judge’s decision that Qualcomm violated a Broadcom patent for a technology…

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that helps wireless phones conserve battery power when out of cellular range. Qualcomm is happy to come to the hearing, it said. “We welcome the opportunity to demonstrate the unreasonable, overreaching and anticompetitive nature of what Broadcom is seeking,” Lou Lupin, gen. counsel, said: “Industry partners, who Broadcom deliberately attempted to exclude from the ITC proceeding while targeting their products, and other interested government, industry and public interest organizations will have the opportunity to show the harmful impact Broadcom’s requests would have on millions of consumers by depriving them of wireless broadband services.” The remedy hearing may be the first the ITC has held in its growing patent docket, Stifel Nicolaus said in a research note, noting that the case was the subject of a Wall Street Journal editorial and an FCC filing, “both warning the ITC of dire consequences of banning imports of CDMA 3G handsets.” Injunctions are nearly automatic in ITC patent infringement decisions, which the President can veto, though vetoes are rare, the analysts said. “The question here will be the scope of the injunction,” Stifel Nicolaus said: “The ITC’s decision to postpone the decision and hold a hearing could signal an openness to overturning the ALJ recommendation to keep the scope of the injunction very narrow. But we expect a full court press against the broader remedy.”