The U.S. International Trade CommissionThursday on the import of all future models of phones using 3G technology from Qualcomm that have been found to infringe on a patent held by Broadcom.
In what appears to be an effort to minimize damage to the cell phone industry, the ITC applied the ban only to new models of phones that have not yet been sold in the United States. The import ban does not apply to cell phone models imported for sale to the general public on or before Thursday--the date of the order.
Qualcomm CEO Paul Jacobs said on a conference call with analysts after the decision had been released that he was "extremely disappointed" with the commission's decision.
"We believe the commission has overstepped its bounds," he said. "They grandfathered in existing models, but the ban excludes future models. And this does nothing to protect the public interest and public safety."
Qualcomm executives said there would be little impact on the company financially in the near term. But analysts agree that in the long term, a ban on the import of future cell phone models that use this technology could have a substantial impact not just on Qualcomm, but on cell phone manufacturers such as Motorola and Samasung as well as mobile operators AT&T, Sprint Nextel and Verizon Wireless.
"It's a huge issue for both handset makers and carriers," said Charles Golvin, an analyst with Forrester Research. "Carriers are counting on selling these new 3G handsets to drive greater data usage. Not being able to sell new phones will be hugely problematic to their growth, especially at a time when everyone is trying to come out with something new to compete against the iPhone."
Qualcomm is the dominant semiconductor manufacturer for two next-generation technologies--EV-DO and WCDMA--that are being used today by three of the four major U.S. operators to build their next generation of high-speed wireless networks. Verizon Wireless and Sprint Nextel use EV-DO technology. And AT&T is building its 3G network using WCDMA technology.
Last year, an ITC judge ruled that Qualcomm's chips infringed on a Broadcom patent that would help cell phones conserve power when they are looking for a signal from one of these next-generation networks.
Under the ban, cell phone manufacturers and mobile operators will not be allowed to import any future models of phones that use this technology. The ban could be particularly tough for all the major cell phone operators, which during the past several years have spent billions of dollars deploying their 3G networks. Now that they have extended wireless broadband to a large portion of their footprint, these carriers need subscribers to upgrade their handsets to new 3G versions. It's only through these new 3G-enabled devices that subscribers will be able to spend money on new data services, such as over-the-air music downloads or video services.
Verizon Wireless spokeswoman
Verizon Wireless and Sprint could be hit particularly hard because these companies are eager to find new handsets to compete against the upcoming Apple iPhone, which is scheduled to be released on AT&T's network at the end of the month. The iPhone itself won't be impacted by the import ban because it uses AT&T's slower 2.5G network. But competitors looking for devices that could will likely tout 3G speeds as an important differentiator to the iPhone. But if Verizon and Sprint can't get their hands on new phone models it could be difficult to compete.
Verizon Wireless spokeswoman Nancy Stark blasted the ITC's decision. "It's a bad order for the industry and for the millions and millions of wireless consumers who depend on wireless communications," she said. "It's really going to freeze innovation, or it could."
The ban could also be devastating to handset makers, especially Motorola, which recentlythat it has designed specifically for 3G networks. While it's still unclear what the ITC will define as a "new model," it could be argued that Motorola's new versions of the Razr and Moto Q, which are all 3G-capable in their latest incarnations, could be impacted. These phones are all expected to go on sale in the United States later this year.
But Motorola maintains that it has already been working on ways to ensure that the ITC decision would not impact its business.
"The ITC decision does not impact our currently shipping handsets," Jennifer Erickson, a spokeswoman for Motorola, said in an e-mail. "Further, we want to emphasize that we do not anticipate any supply problems for our CDMA EV-DO-enabled handsets during the second quarter. As we have said previously, this is a dispute between Broadcom and Qualcomm. We expect both companies to act in the best interests of their customers and the industry to resolve this matter as quickly as possible."
The import ban could also affect other phone manufacturers, such as Samsung and LG, which also rely on Qualcomm chips in many of their 3G handsets.
Still, Samsung spokesman Kim Titus said his company isn't concerned about its ability to sell future models of phones.
"All of our current phones will not be affected, and we've been working actively with our suppliers and customers to ensure we will have a continued, uninterrupted supply of future mobile phone models," he said.