Qualcomm Inc can go ahead and sell its Q Phone digital cellular telephone for the time being now that the US District Court of Southern California has lifted a temporary restraining order and denied a preliminary injunction requested by Motorola Inc. The court found that the Q Phone, which Motorola claims copies the design of its own StarTAC telephones (CI No 3,115), in fact presents a sleeker, streamlined appearance, as compared to the box-like appearance of the StarTAC design patent, and that anyway, Motorola is not entitled to monopolize a functional shape like a clam-shell phone; the determination is only preliminary pending a full trial however, scheduled for some time next year.
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