Washington — The 9th Circuit today overturned a district court decision by Judge Lucy Koh, holding that Qualcomm had not violated the antitrust laws by refusing to license competitors in violation of its contractual obligation to do so, by refusing to sell chips unless the customer first took a patent license, and by engaging in exclusive dealing agreements to prevent competitors from gaining a toehold in the market.
The following can be attributed to CCIA Patent Counsel Joshua Landau:
“Judge Koh’s opinion detailed how Qualcomm’s anticompetitive business practices have driven its competitors out of the modem business and raised prices in the cellular industry. The 9th Circuit ignored those factual findings and greenlit Qualcomm’s anticompetitive business practices.
CCIA is disappointed in the 9th Circuit’s deeply flawed decision and hopes that the Federal Trade Commission will ask for review en banc to correct the numerous errors in the panel opinion.”