All,

The import ban covers new cell phone models that contain the infringing chips, but also exempts those imported for sale to the general public on or before the June 7, 2007 date of its order, the ITC said.
--PC Magazine

OK...

If 1) the phrase "imported for sale" actually appears in the ITC order, and 2) any reasonable quantity of i760s and/or x6800s was sitting in US warehouses as of 06/07/07, the devices should be easily grandfathered.

And note, the warehouses don't have to be the carrier's. They can equally be the vendor's, as long as the devices came into the US.

This is so because this key phrase does not mean that actual sales had to occur. What it means is "imported and held for sale," or "imported and sold."

The theory here is that if a substantial good-faith investment has been made--before the cut-off date--in the importation or distribution of a device, such device should be exempt from the restriction. The ITC obviously didn't want to hurt innocent parties who relied on QCOM's right to fab the chip, to wit, device-makers, carriers and consumers.

Still, the freeze was not the right way to handle the case. QCOM can afford to post a bond until its appeals are exhausted or the case settled. The ITC should have coaxed the bond alternative out of QCOM, as it wouldn't have harmed bystanders.

And RWC, assuming the i760 has commenced shipping to VZW, the carrier might be sitting on in excess of 60k units already. This number is barely 1/10 of 1 percent of VZW's subscriber base and has to cover 2k+ store demos and stock, B2B, Web, sales rep demo units, tech support, warranty exchanges, insurance claims, etc.

And famously, it has to cover our incessant clamoring!

Hang in there, Geckotek!

--BAM

P.S. Haven't actually read the ITC decision, but the PC Mag report probably has the language right.