The fangs of the world.

Please allow me to introduce you to Qualcomm. If your wireless carrier is Sprint, Verizon, Alltel, Telus, or Bell Mobility (among others), then you probably already are a friend of Qualcomm (even if you didn’t know it). You see, a whole bunch of the technology inside your phone was developed by Qualcomm. And, one tiny, tiny bit of all that technology that your phone depends on appears as if it might infringe on a (currently valid*) patent held by another company, Broadcom.

Which brings me to this post. Unless the Federal Circuit Court of Appeals or the President of the United States say otherwise, in sixty days, the faster, more advanced phones used for Sprint, Verizon, and Alltel will be banned from being imported into the United States.

Why? Well, in short, the International Trade Commission has decided that Qualcomm infringes on a patent which Broadcom holds, relating to how certain mobile phones conserve battery power when they are out of range of a tower. Qualcomm thinks the patent is invalid, and says it could take it more than a year to develop a workaround if necessary.

My new Palm Treo 755p uses Qualcomm technology for its speedy wireless data connection. It was manufactured in Taiwan. Roundabout August 6, my handy little Palm, a bunch of Samsung and LG phones, even the Motorola Q and the upcoming Motorola RAZR 2… All to be detained at the border. Which could spell big trouble for Sprint, Verizon, and others.

I can’t speak to the merits of Broadcom obtaining this injunction, in terms of the patent. But I do know that they can’t fill the gap made by Qualcomm (at least at this point), which is why this injunction could end up being particularly excruciating for consumers.

*I also think there’s a lot that’s broken about how patents are awarded in the United States. Remember NTP? They sued RIM, and the sale of BlackBerry devices was nearly halted in the United States. Finally, RIM capitulated and settled for over $600 million dollars. It turns out the United States Patent and Trademark Office is now re-examining the twelve crucial patents NTP wielded because of “substantial new questions” regarding the validity of the patents.

How about Palm and Graffiti? Remember the funny handwriting recognition? Xerox sued, with patent in hand. Xerox won. Palm paid up, and went through the expense of licensing a new version of Graffiti. In 2004, Xerox’s patent was ruled invalid. Sorry, Palm!

Which brings me back to Qualcomm. If Broadcom’s patent for helping improve battery life is valid, good for them. But should that small (but currently inexcisable) technology be allowed to significantly disrupt the market for wireless mobile phones in the United States? I think not.

The President has the option to stay the decision. Since 2005, though, the White House has taken the position that it shouldn’t stay any ITC decisions. If you think the President ought to take a closer look at this ITC decision, as is his privilege (responsibility?), won’t you let him know?