FTC v. Qualcomm. This article discusses the impact of a recent decision on by Judge Koh in the Northern District of California, on FTC v.Qualcomm Inc., No. Aug. 11, 2020) {Ninth Circuit Opinion}. Many articles, white papers, and amicus briefs have already been written about FTC v. Qualcomm, as befits a case of such significance. On August 30, 2018, the FTC moved for partial summary judgment on the question of whether Qualcomm’s commitments to two standard setting organizations (“SSOs”), the Alliance for Telecommunications Industry Solutions (“ATIS”) and the Telecommunications Industry 7 Id. The FTC filed a complaint in federal district court charging Qualcomm Inc. with using anticompetitive tactics to maintain its monopoly in the supply of a key semiconductor device used in cell phones and other consumer products. at ¶¶ 8-9, 122-30. This opinion or order relates to an opinion or order originally issued on August 23, 2019. Case Summary. Qualcomm patented processors and other standard-essential technology used in mobile devices, mobile operating systems and cellular networks, and licensed its technology to more than 340 product companies, including phone vendors. First, Qualcomm could not use its chipset position and NLNC policy to avert the threat of FRAND litigation, thus extracting supracompetitve royalties: “Qualcomm will be unable to charge a total price that is significantly above the price of rivals’ chips, plus the FRAND rate for its IP (and expected litigation costs).” 1. Docket for Federal Trade Commission v. Qualcomm Incorporated, 5:17-cv-00220 — Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to … ), Petition of the FTC for Rehearing En Banc, 19-16122 (532.63 KB), Answering Brief of the Federal Trade Commission in the United States Court of Appeals for the Ninth Circuit (789.64 KB), [Corrected] Opposition of the Federal Trade Commission to Qualcomm’s Motion for Partial Stay Pending Appeal in the United States Court of Appeals for the Ninth Circuit (98.29 KB), United States District Court Order Denying Qualcomm’s Motion for Stay Pending Appeal (123.29 KB), Federal Trade Commission’s Objections to Materials Filed with Qualcomm’s Reply in Support of its Motion for Stay Pending Appeal (34.26 KB), Federal Trade Commission’s Opposition to Qualcomm’s Motion for Stay Pending Appeal (125.3 KB), Statement of Commissioner Rohit Chopra on the Ruling by Judge Lucy Koh in Federal Trade Commission v. Qualcomm Incorporated, Statement by Federal Trade Commission Bureau of Competition Director Bruce Hoffman on District Court Ruling in Agency’s Monopolization Case against Qualcomm, United States District Court Findings of Fact and Conclusions of Law [public redacted version] (1.6 MB), United States District Court Judgment (37.09 KB), Transcript of Federal Trade Commission’s Closing Argument before the United States District Court (266.82 KB), Federal Trade Commission’s Closing Argument Slide Presentation [Public Redacted Version] (7.61 MB), Transcript of Federal Trade Commission’s Opening Statement before the United States District Court (65.9 KB), Federal Trade Commission’s Opening Statement Slide Presentation (Public Redacted Version) (2.18 MB), Federal Trade Commission’s Pretrial Brief [Public Redacted Version as filed January 8, 2019] (221.4 KB), Federal Trade Commission’s Pretrial Proposed Findings of Fact and Conclusions of Law [Public Redacted Version as filed February 20, 2019] (802.4 KB), United States District Court Order Granting Federal Trade Commission’s Motion for Partial Summary Judgment (371.4 KB), Federal Trade Commission’s Reply in Support of Partial Summary Judgment on Qualcomm’s Standard Essential Patent Licensing Commitments [Public Redacted Version] (174.57 KB), Federal Trade Commission’s Motion for Partial Summary Judgment on Qualcomm’s Standard Essential Patent Licensing Commitments and Memorandum of Points and Authorities in Support [Public Redacted Version as filed November 28, 2018] (541.23 KB), Federal Trade Commission’s Opposition to Qualcomm’s Motion to Dismiss [Public Version With Fewer Redactions, As Approved by the United States District Court] (622.38 KB), United States District Court Order and Opinion Denying Qualcomm’s Motion to Dismiss (1.7 MB), Federal Trade Commission’s Opposition To Qualcomm’s Motion To Dismiss [Redacted Public Version of Document Sought To Be Sealed] (674.23 KB), Federal Trade Commission’s Complaint For Equitable Relief [Public Version With Fewer Redactions, As Approved by the United States District Court] (921.69 KB), Federal Trade Commission’s Complaint for Equitable Relief [Redacted Version of Document Sought to be Sealed] (663.1 KB). Dissenting Statement of Commissioner Maureen K. Ohlhausen In the Matter of Qualcomm, Inc. FTC Charges Qualcomm With Monopolizing Key Semiconductor Device Used in Cell Phones. 1 The FTC alleged that Qualcomm's practices constituted an unlawful maintenance of monopoly power and that its licensing and supply agreements constituted … The FTC and 16 Qualcomm use the term FRAND, which stands for “fair, reasonable, and nondiscriminatory,” and 17 is “legally equivalent” to RAND. Washington, DC 20001 (202) 661-6614 . This has been a saga of a lot of time and pain. The panel held that Qualcomm’s conduct—(a) refusing to license its standards essential patents (SEPs) to rival chipset But on August 11, a three-judge panel -- Judge Rawlinson from Nevada, Judge Callahan, and Judge Stephen Murphy, III, who is a U.S. District Court judge from Michigan sitting by designation -- … FTC v. Qualcomm … Incorporated (“Qualcomm”) states that it has no parent corporation and that no publicly held corporation owns 10% or more of Qualcomm’s stock. The FTC brings its Complaint against Qualcomm under § 5 of the Federal Trade Commission Act (“FTCA”), which prohibits “[u]nfair methods of competition in or … FTC v. Qualcomm: Trial and Possible Implications By Jay Jurata (Orrick Herrington & Sutcliffe) 1. §§ 1, 2, by unreasonably restraining trade in, and unlawfully monopolizing, the code division multiple access (“CDMA”) and premium long-term evolution (“LTE”) cellular modem chip markets. vladeckd@georgetown.edu Counsel for Amici Curiae US Court of Appeals for the Ninth Circuit. We responded to the amici in a first blog post. 5:17-cv … On August 11, 2020, a Ninth Circuit panel reversed the District Court for the Northern District of California ’s judgment in FTC v. Qualcomm, Inc. 3 FTC v. Qualcomm, 19-16122, at 12-15 (9th Cir. 6 Findings of Fact and Conclusions of Law, FTC v. Qualcomm, 5:17-cv-00220 (N.D. Cal. On November 6, 2018, the Northern District of California Judge Lucy H. Koh granted a motion for partial summary judgment in favor of the Federal Trade Commission (“FTC”) in its lawsuit against Qualcomm, Incorporated (“Qualcomm”). Plaintiff Federal Trade Commission (“FTC”) sues Defendant Qualcomm, Incorporated (“Qualcomm”) for violation of § 5 of the Federal Trade Commission Act (“FTCA”), 15 U.S.C. Case: 19-16122, 08/23/2019, ID: 11409171, DktEntry: 77 … “Qualcomm’s licensing practices have strangled competition in the CDMA and premium LTE modem chip markets for years, and harmed rivals, OEMs, and end consumers in the process.” Last year, Judge Koh issued a summary judgment ruling that signaled her skepticism of Qualcomm’s licensing practices. Judge Koh’s decision followed a 10-day bench trial that ended on January 29, 2019. Decision Reversing FTC v. Qualcomm August 27, 2020 . On May 21, 2019, the United States District Court for the Northern District of California found that Qualcomm violated the Federal Trade Commission (FTC) Act, … The FTC filed a complaint in federal district court charging Qualcomm Inc. with using anticompetitive tactics to maintain its monopoly in the supply of a key semiconductor device used in cell phones and other consumer products. § 45. The Ninth Circuit vacated the district court's judgment in an antitrust action against Qualcomm, and reversed the district court's permanent, worldwide injunction prohibiting several of Qualcomm's core business practices. We notably highlighted two important factors. Yesterday, Judge Koh of the U.S. District Court Northern District of California entered a Judgment following the January 2019 trial based on her Findings of Fact and Conclusions of Law that Qualcomm violated the Federal Trade Commission Act. In January 2017, the FTC filed a complaint in federal court seeking to enjoin Qualcomm's standard essential patent (SEP) licensing practices for certain technology used in wireless communications semiconductor microchips. At that time, she granted the FTC's motion for partial summary judgment in its suit against Qualcomm. The Court noted that many of Qualcomm's premium LTE modem chips are required by "OEMs- producing premium handsets" and that there are no "available sub… Hyper-competitive behavior is not. The stage is set for Feb 13 th, 2020, hearing of FTC vs. Qualcomm antitrust case at the United States Court of Appeals for the Ninth Circuit (Ninth Circuit). On May 21, 2019, Judge Lucy Koh of the US District Court for the Northern District of California issued her decision in the case. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. This article analyses the controversial 233-page decision in FTC v. Qualcomm as well as its potential impact, if the decision is upheld by the Ninth Circuit. 8 See id. 7 On a motion for summary judgment by the FTC, the district court correctly ruled that the relevant FRAND licensing commitments require Qualcomm (and other owners of standard essential patents) to license all comers, including modem chip makers. Nearly two years after the Federal Trade Commission (“FTC”) brought its unfair competition case against Qualcomm, the case has proceeded to trial. Subscribe to Justia's Free Summaries summary of argument National security is at stake in the present case, though not in the way that Qualcomm asserts. The panel of judges probed the FTC on how Qualcomm may have violated antitrust laws, even if the company did use its dominant position in the chip market to gain higher patent royalties. The panel held that Qualcomm's practice of licensing its standard essential patents (SEPs) exclusively at the original equipment manufacturers (OEM) level does not amount to anticompetitive conduct in violation of section 2 of the Sherman Act, as Qualcomm is under no antitrust duty to license rival chip suppliers; Qualcomm's patent-licensing royalties and "no license, no chips" policy do not impose an anticompetitive surcharge on rivals' modem chip sales; rather, these aspects of Qualcomm's business model are "chip-supplier neutral" and do not undermine competition in the relevant antitrust markets; Qualcomm's 2011 and 2013 agreements with Apple have not had the actual or practical effect of substantially foreclosing competition in the CDMA modem chip market; and because these agreements were terminated years ago by Apple itself, there is nothing to be enjoined. The Federal Trade Commission (“FTC”) sued Qualcomm in January 2017 for violating Section 5 of the FTC Act. Federal Trade Commission v. Qualcomm Inc., 411 F. Supp. 4 Complaint at ¶¶ 137-44. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site.

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