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ARTICLE · 01 SEPTEMBER 2020

Qualcomm's Licensing Practices Found Permissible In Ninth Circuit Ruling

Cahill Gordon & Reindel LLP
Cahill Gordon & Reindel LLP
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A three-judge panel of the United States Court of Appeals for the Ninth Circuit vacated and reversed a district court ruling finding that Qualcomm's licensing practices violated antitrust law. Federal Trade Commission v. Qualcomm Inc., 2020 WL 4591476.

United StatesIntellectual Property

A three-judge panel of the United States Court of Appeals for the Ninth Circuit vacated and reversed a district court ruling finding that Qualcomm's licensing practices violated antitrust law. Federal Trade Commission v. Qualcomm Inc., 2020 WL 4591476 (9th Cir. Aug. 11, 2020). The unanimous opinion, authored by Judge Consuelo Callahan, reversed an injunction against the technology company and vacated the district court's finding that Qualcomm's standard essential patent ("SEP") licensing practices unlawfully monopolized cellular chip markets. The panel characterized Qualcomm's conduct as "hypercompetitive" - not anticompetitive - and found it played a "powerful and disruptive" role in the relevant markets.

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