The US District Court for the Northern District of California holds that semiconductor’s company patent licensing violates the Sherman Act (Qualcomm)

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.

On May 21, 2019, in FTC v. Qualcomm, [1] the U.S. District Court for the Northern District of California issued findings of fact and conclusions of law, holding that Qualcomm’s modem chip licensing and other practices, including its refusal to supply chips unless the customer took a Qualcomm license (“no license, no chips”), violated both Section 1 and Section 2 of the Sherman Act. More specifically, the court concluded that Qualcomm employed its market power in the CDMA (3G) and LTE modem chip markets to coerce cellphone handset manufacturers to sign patent license agreements on Qualcomm’s preferred terms, that the resulting royalty rates were “unreasonably high,” and that Qualcomm violated its duty to license its standard essential patents (“SEPs”) to rival modem chip manufacturers. The

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Sullivan & Cromwell (New York)
  • Sullivan & Cromwell (New York)
  • Sullivan & Cromwell (Washington)
  • Sullivan & Cromwell (New York)
  • Sullivan & Cromwell (New York)

Quotation

Adam Brebner, Stephen Elliott, Renata B. Hesse, Garrard R. Beeney, Marc De Leeuw, The US District Court for the Northern District of California holds that semiconductor’s company patent licensing violates the Sherman Act (Qualcomm), 21 May 2019, e-Competitions May 2019, Art. N° 96850

Visites 24

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues