Qualcomm won the appeal, but the limited excluded order that was originally handed down absolutely took the public interest into account. I dont think it can be any more expressly stated than the bolded part below. They attempted to balance the interests of the patent holder and the public.
I expect the same if Apple is found to be infringing one of Q's non-SEP patents by the ITC.
usitc.gov
The Commission is issuing a limited exclusion order that bars the importation of Qualcomm's infringing chips and chipsets and circuit board modules or carriers containing them. In addition, the exclusion order bars the importation of certain handheld wireless communications devices, such as cellular telephone handsets and personal digital assistants ("PDAs"), that contain Qualcomm's infringing chips and chipsets. The exclusion order does not apply to handheld wireless communications devices that are of the same models as handheld wireless communications devices that were being imported for sale to the general public on or before the date of the order, June 7, 2007. However, the order does bar the importation of new models of handheld wireless communications devices that contain Qualcomm's infringing chips and chipsets. Thus, the order "grandfathers" models of handheld wireless communications devices being imported into the United States for sale to the general public on or before June 7, 2007.
The Commission is also issuing a cease and desist order that prevents Qualcomm from engaging in certain activities within the United States related to the infringing chips.
The Commission reached its decision after careful consideration of the appropriateness of an order excluding from importation the "downstream products" that is, handheld wireless communications devices incorporating the infringing chips. The Commission found that an order excluding all downstream products would impose great burdens on third parties, given the limited availability of alternative downstream products not containing the infringing chips. However, as the infringing chips are not imported in significant quantities outside of downstream products, the Commission also found that an exclusion order covering only the chips and chipsets, and not downstream products, would afford little or no relief to the patent holder, Broadcom. The Commission determined that barring importation of downstream products, with an exemption for certain previously imported models, will substantially reduce the burdens imposed on third parties while affording meaningful relief to the patent holder.
The Commission found that, while exclusion of all downstream products could adversely affect the public interest, particularly the public health and welfare, competitive conditions in the U.S. economy, and U.S. consumers, the exemption for previously imported models sufficiently ameliorates this impact such that the orders should be issued. |
