ITC Keeps Kyocera Out Of Qualcomm Chip Proceedings

Posted on | May 21, 2008 | No Comments

2008-1355, 2008-1301 Kyocera Wireless v. ITC
ITC 337-TA-543

Kyocera appeals from the ITC’s order denying it leave to intervene in the enforcement stage proceedings of the investigation against certain mobile phone chips made by Qualcomm.

This appeal is related to appeal 2007-1493, reviewing the ITC determination that certain mobile phone chips imported by Qualcomm infringed Broadcom’s 6,714,983 patent.  Qualcomm was the only named respondent in that proceeding.  The ITC issued a limited exclusion order (LEO) that not only barred Qualcomm from importing infringing chips, but also barred other, non-parties (mobile phone manufacturers such as Kyocera, AT&T, LG, and others) from importing mobile phones incorporating the Qualcomm chips.  In that appeal, the Federal Circuit granted a stay of the LEO with respect to the non-parties.

Meanwhile, Broadcom believed that Qualcomm was violating the LEO by importing products with redesigned chips, so it initiated enforcement phase proceedings.  Kyocera and others moved to intervene in these proceedings, but the administrative law judge denied the request. 

In the 1301 appeal, Kyocera asked the CAFC for a writ of mandamus to compel the Commission to review the ALJ’s order prior to the enforcement stage trial and to stay the trial: the CAFC denied both.  A few days later, the Commission denied the requests to review the ALJ’s decision.

As with so much at the ITC, the ALJ’s order denying intervention is confidential and sealed.  However, the basic position of the ALJ was:

• Kyocera did not have an interest in the accused products (although Kyocera claims its products are accused and it does have an interest); and

• Qualcomm could adequately represent Kyocera’s interests and present its arguments.

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