Qualcomm may not need to worry about a new ban on phones with its chips included after a judge recommended that the International Trade Commission conclude its investigation into complaints lodged by competitor Nokia.

The judge sees the investigation as unnecessary due to the fact that the two companies are now in arbitration to settle the dispute. Unless the ITC reviews the judge's decision within the next 30 days, the investigation will terminate.

"Administrative Law Judge Paul J. Luckern granted Qualcomm's motion to terminate the investigation in light of the arbitration pending between the parties regarding their 2001 Subscriber Unit and Infrastructure Equipment License Agreement," the company said in a statement.

Nokia filed the complaint on August 14, alleging that Qualcomm was infringing on five of its patents relating to CDMA2000 and GSM/WCDMA. It asked the ITC to investigate and bar the importation into the US of chips using the technology included in those patents.

Qualcomm is already fighting a ban on its chips levied by longtime rival Broadcom. While an initial ruling banned phones shipped for any other provider except Verizon Wireless (who signed a separate agreement), it has been partially stayed, pending appeal.

Nokia had no immediate comment on the judge's decision.