The US Court of Appeals for the Ninth Circuit rules that there is no antitrust violation in a multinational semiconductor company’s licensing of its standard-essential patents (Qualcomm)

Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its Standard-Essential Patents* In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern District of California in FTC v. Qualcomm and vacated the district court’s worldwide, permanent injunction prohibiting several of Qualcomm Incorporated’s (“Qualcomm”) licensing practices with respect to standard-essential patents (“SEPs”) covering cellular technology. In reversing the district court’s decision, the Ninth Circuit held that Qualcomm had no antitrust duty to license its SEPs to rival chip suppliers and that the FTC

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Authors

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC (Boston)
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC (Washington)
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC (New York)
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC (Washington)

Quotation

Michael T. Renaud, Joseph M. Miller, Richard M. Gervase Jr., Tinny Song, The US Court of Appeals for the Ninth Circuit rules that there is no antitrust violation in a multinational semiconductor company’s licensing of its standard-essential patents (Qualcomm), 11 August 2020, e-Competitions September 2020, Art. N° 96446

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