On November 12, 2014, the parties in Motorola Mobility v. AU
Optronics reargued their case to a three judge panel of the Seventh
Circuit – the same panel that ruled on the case earlier this
year. The United States Department of Justice ("DOJ")
also had the opportunity to argue its position in this
closely-watched Foreign Trade Antitrust Improvements Act
("FTAIA") case.
This case has received ample coverage on this blog (click
here,
here and
here to read more). In March 2014, the Seventh Circuit
rejected Motorola's antitrust arguments seeking billions of
dollars in damages from a group of liquid crystal display
("LCD") panel manufacturers. The Court held that the
alleged wrongdoing was "too remote" under the FTAIA to
have a direct effect on United States commerce. Less than four
months later, this decision was vacated after Motorola petitioned
for an en banc rehearing, and the parties were given an opportunity
to submit briefs.