Without prejudicing the ultimate disposition of this case by the merits panel, we
determine, based on the papers submitted, that Kyocera, Motorola, Samsung, LG,
Sanyo, T-Mobile, and AT&T have shown a substantial case on the merits and that the
harm factors weigh in their favor. Thus, a stay, pending appeal, of the LEO with respect
to Kyocera, Motorola, Samsung, LG, Sanyo, T-Mobile, and AT&T is appropriate.
Qualcomm's submission primarily concerns products imported by other entities
and not Qualcomm's own imports. Qualcomm provides no reasoning why the cease and desist order should be stayed. We determine, based on the papers submitted, that
Qualcomm has not made the requisite showing to obtain a stay, pending appeal, with
respect to its own imports and the cease and desist order. Thus, a stay of the LEO with
respect to Qualcomm's imports and the cease and desist order is not warranted.
Qualcomm also requests that Ihe court issue a stay with respect to redesigned
chips and products containing them. We determine that such relief is not proper
because the LEO allows persons seeking to import chips and devices potentially subject
to exclusion to certify that the imported products are not covered by the LEO. In
addition, the redesigned chips were not involved in the proceedings before the ITC and
thus they are outside the scope of this appeal.
Accordingly,
IT IS ORDERED THAT:
2007-1
(1) The motions for a stay, pending appeal, filed by Kyocera, Motorola,
Samsung, LG, Sanyo, T-Mobile, and AT&T are granted. The LEO is stayed with
respect to those parties.
(2) Qualcomm's Motion for a stay, pending appeal, is denied |
