December 18, 2009
The Battle Brewing Over Kyocera
Law360
On Oct. 14, 2008, the Federal Circuit in Kyocera Wireless Corp. v. U.S. Int’l Trade Comm’n, 545 F.3d 1340 (Fed. Cir. 2008) held that the U.S. International Trade Commission exceeded its statutory authority when it found the only named respondent, Qualcomm, in violation of Section 337 but issued a limited exclusion order (“LEO”) barring cell phones from entry into the United States made by third parties if they contained the infringing Qualcomm chips.
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