Qualcomm Chips Away At Cellular Chip Licensing Class Action

Qualcomm Inc. has won another battle in the fight over its alleged monopoly of modem chips used in cell phones. On September 29, 2021, the Ninth Circuit vacated the district court's class certification order and remanded the matter for reconsideration. Stromberg v. Qualcomm Inc., No. 19-15159, 2021 WL 4448713 (9th Cir. Sept. 29, 2021). The panel unanimously held that the district court's choice of law analysis was faulty, and that it erred in certifying a Rule 23(b)(3) damages class because the differences between relevant state laws meant that common issues of law did not predominate in the class as certified. Id. at *5-11. As to the Rule 23(b)(2) injunctive class, the Ninth Circuit vacated the certification order in light of its FTC v. Qualcomm decision, 969 F.3d 974 (9th Cir. 2020), and asked the district court on remand to first address the effect of that decision, particularly on the classes' ability to meet the Rule 23(a) threshold requirements and the