Profs Ask 9th Circ. To Take New Look At FTC’s Qualcomm Suit

Law360 (October 5, 2020, 10:22 PM EDT) — Dozens of law and economics scholars urged the Ninth Circuit on Monday to revisit an August ruling that killed the Federal Trade Commission’s antitrust win against Qualcomm over technology licensing, arguing that it breaks from decades of established antitrust law.

The FTC has asked the full court to take another look at the case because of numerous competition concerns arising from Qualcomm’s practices in charging other companies for the right to use cellular technologies covered by standard-essential patents, or SEPs.

A Ninth Circuit panel found on Aug. 11 that if Qualcomm did breach obligations to license its SEPs on fair, reasonable…

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