Qualcomm wins appeal against FTC claim

Stefan Mileschin · 14th August 2020, 04:47

Huge win as Ninth Circuit reverses district court decision

In May 2019, the now prominent Judge Lucy H. Koh ruled that Qualcomm's business practices that she called no license-no chip had strangled the competition. Now a higher court called the Ninth Circuit has reversed Koh's district court decision.

Judge Callahan disagrees with the Federal Trade commission's core argument that no license, no chip, is anti-competitive. In her words, Qualcomm's practice of licensing its SEP (Standard Essential Patents) exclusively at the OEM level doesn't amount to anti-competitive conduct in violation of § 2 as Qualcomm is under no antitrust duty to license to rival chip suppliers. The court believes that Qualcomm is playing by the Standard Essential Patent laws offering SEPs on fair, reasonable, and nondiscriminatory ("FRAND") terms before their patents are incorporated into standards.

To put things in perspective, Apple doesn't license anything and keeps everything for the benefit of Apple, and so do many other companies. No private company has to license anything, a company such as Qualcomm has to spend substantial amounts of research of development money to get things patented.

https://fudzilla.com/news/51347-qual...inst-ftc-claim

14th August 2020, 04:47	#1
Stefan Mileschin [M] Reviewer Join Date: May 2010 Location: Romania Posts: 148,738	Qualcomm wins appeal against FTC claim Huge win as Ninth Circuit reverses district court decision In May 2019, the now prominent Judge Lucy H. Koh ruled that Qualcomm's business practices that she called no license-no chip had strangled the competition. Now a higher court called the Ninth Circuit has reversed Koh's district court decision. Judge Callahan disagrees with the Federal Trade commission's core argument that no license, no chip, is anti-competitive. In her words, Qualcomm's practice of licensing its SEP (Standard Essential Patents) exclusively at the OEM level doesn't amount to anti-competitive conduct in violation of § 2 as Qualcomm is under no antitrust duty to license to rival chip suppliers. The court believes that Qualcomm is playing by the Standard Essential Patent laws offering SEPs on fair, reasonable, and nondiscriminatory ("FRAND") terms before their patents are incorporated into standards. To put things in perspective, Apple doesn't license anything and keeps everything for the benefit of Apple, and so do many other companies. No private company has to license anything, a company such as Qualcomm has to spend substantial amounts of research of development money to get things patented. https://fudzilla.com/news/51347-qual...inst-ftc-claim

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Qualcomm's antitrust lawsuit set aside by appeal courts	Stefan Mileschin	WebNews	0	13th August 2020 04:58
Instagram will soon let you appeal posts that were taken down	Stefan Mileschin	WebNews	0	8th May 2019 07:07
Apple wins appeal in $234 million patent infringement case	Stefan Mileschin	WebNews	0	1st October 2018 08:09
Alleged British hacker Lauri Love wins US extradition appeal	Stefan Mileschin	WebNews	0	6th February 2018 05:19
Qualcomm to appeal $1.23 billion fine	Stefan Mileschin	WebNews	0	24th January 2018 18:56
Apple files appeal against tax bill	Stefan Mileschin	WebNews	0	23rd February 2017 05:09
Apple wins appeal for stealing internet security technology	Stefan Mileschin	WebNews	0	3rd August 2016 15:03
Judge Rejects NVIDIA Claim Against Samsung & Qualcomm	Stefan Mileschin	WebNews	0	14th October 2015 09:38
Xbox One Goes For Wider Appeal	Stefan Mileschin	WebNews	0	22nd November 2013 10:44
Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung	Stefan Mileschin	WebNews	0	15th May 2012 06:32