[3] Main Opinion, Page 37, Line 27 § FTC v. Qualcomm Inc., 935 F.3d 752 (9th Cir. At that time, we characterized the district court’s order and injunction as either “a trailblazing application of the antitrust laws” or “an improper excursion beyond the outer limits of the Sherman Act.” Id. The FTC alleged that Qualcomm abused its dominant position in two modem chip markets by refusing to license its standard essential patents (SEPs) in wireless technology to rival chip manufacturers. The district court ruled in favor of the FTC. However, the court’s duty-to-deal analysis sits on shakier ground, omitting consideration of potential immunity under the Patent Act and sidestepping thorny questions on the appropriate source of law. That ruling said Qualcomm wrongfully suppressed competitors in the phone chip market by … FTC V. QUALCOMM 9 OPINION CALLAHAN, Circuit Judge: This case asks us to draw the line between anticompetitive behavior, which is illegal under federal antitrust law, and hypercompetitive behavior, which is not. In a decision issued on August 11, 2020, a three-judge panel unanimously reversed the ruling, stating “the district court’s ‘anticompetitive surcharge’ theory fails to state a cogent theory of anticompetitive harm.” The panel noted that Qualcomm’s practices “do not impose an anticompetitive surcharge on rivals’ modem chip sales. Font Size: A A A; Mobile devices, such as smartphones and tablets, rely heavily on technical standards, which … 1 The Court concluded that as a result of its licensing practices, Qualcomm is a monopoly, and that its conduct is an "unreasonable restraint of trade" constituting "exclusionary conduct" under the Sherman Act, and therefore the FTC Act. [12] Main Opinion, Page 226, Line 25. FTC v. Qualcomm Inc., 935 F.3d 752 (9th Cir. Coverage of federal case FTC v. Qualcomm Inc., case number 19-16122, from Appellate - 9th Circuit Court. [3] Judge Koh found the lack of alternatives was a result of Qualcomm's refusal to license its SEPs to its competitors. 2019). May 22, 2019 10:08 a.m. PT. FTC v. Qualcomm Inc., 935 F.3d 752 (9th Cir. Today’s case is the recent Ninth Circuit decision on FTC v. Qualcomm. 5:17-cv-00220, Document 1487, Page 5, Line 6 While the terms of the settlement remain confidential, a Qualcomm regulatory filing indicates that Qualcomm will receive at least US$4.5 billion from Apple for missed royalty and licensing payments under the terms. The Court noted that many of Qualcomm's premium LTE modem chips are required by "OEMs- producing premium handsets" and that there are no "available substitutes" for these chips. 17-cv-220 “[T]he plaintiff has the initial burden to prove that the challenged restrainthas a substantial anticompetitive Prior results do not guarantee a similar outcome. Among other things, the FTC claimed that Qualcomm … On May 21, 2019, the United States District Court for the Northern District of California found that Qualcomm violated the Federal Trade Commission (FTC) Act, in an antitrust decision significant to licensing standard-essential patents (SEPs) under fair, reasonable and non-discriminatory (FRAND) terms. This publication is provided for your convenience and does not constitute legal advice. The appellate court’s rulings on both the logical flaws in the FTC’s “surcharge theory” and the reasonableness of Qualcomm’s procompetitive justifications closely follow Professor Nevo’s testimony. FEDERAL TRADE COMMISSION, Plaintiff, v. QUALCOMM INCORPORATED, Defendant. I . [10] The Antitrust Division's unusual entry into the FTC case highlights the current DOJ's concerns about regulatory overreach by antitrust authorities. On August 11, 2020, the Ninth Circuit Court of Appeals reversed a decision of Judge Koh sitting in the Northern District of California that certain of Qualcomm’s business practices relating to its standards essential patents (SEPs) breached the antitrust laws. For example, Professor Nevo explained that any supposed “surcharge” would be chip neutral, meaning that the royalty was the same regardless of whether the original equipment manufacturer (OEM) used a Qualcomm chip or a competitor’s chip. Qualcomm exercised that power, the FTC contended, in the form of excessive licensing fees to product manufacturers, its customers. On May 2, 2019, the DOJ filed a Statement of Interest in the case, contending that if the Court finds Qualcomm liable for antitrust violations, it "should permit additional briefing and schedule an evidentiary hearing" in order to resolve disputes regarding the impact of any relief. FEDERAL TRADE COMMISSION v. QUALCOMM INCORPORATED. The FTC only issued the original complaint after a split vote by the FTC Commissioners in the last days of the Obama Administration, with a rare dissenting written statement by then Commissioner Ohlhausen. The San … 59 The district court expands Aspen Skiing well beyond the ‘outer boundary’ of Section 2 by applying it to all contracts previously negotiated by the defendant firm and by inferring the firm was willing to sacrifice profits … The standardized wireless technology is based on CDMA (3G) and LTE (4G) modem chips. The statement asks the court to order additional briefing and hold a hearing on a remedy if it finds Qualcomm liable for anticompetitive abuses in connection with its patent licensing program. In a suit filed in the Northern District of California in January 2017, the Federal Trade Commission (FTC) alleged that Qualcomm’s business practices relating to its licensing of patents and its selling of cellular modem chips were anticompetitive. Docket for FTC v. Qualcomm Inc., 19-16122 — Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality open legal information. Federal Trade Commission v. Qualcomm Inc. §§ 1, 2, by unreasonably restraining trade in, and … The case involves a novel confluence of standard-setting and IP issues with some bedrock antitrust subjects, namely tying (conditioning one sale on another) and exclusive dealing (restraining … Professor Nevo also described a number of procompetitive justifications for Qualcomm’s practices. The FTC alleged that these … Introduction. [8]. In January 2017, the Federal Trade Commission (FTC) filed an antitrust complaint against Qualcomm in the Northern District of California. Authors. The Court issued an injunction forbidding Qualcomm (i) from conditioning the supply of modem chips on a customer taking out a patent license; and (ii) from entering into exclusive dealing agreements for the supply of modem chips. The FTC argued that if Qualcomm was not subject to an antitrust duty to deal under Aspen Skiing, the company still engaged in anticompetitive conduct … The court denied Qualcomm's motion to dismiss and found that the FTC had alleged a valid antitrust complaint, and they agreed to the FTC's motion for partial of summary judgment, finding that Qualcomm did have a duty to provide licenses on fair, reasonable, and nondiscriminatory, or FRAN terms, for any patents declared to a couple of certain standard development organizations. Apple Inc. v. Qualcomm Inc., 3:17-cv-00108 (S.D. By Edward S. Whang on December 3, 2020 Posted in Antitrust, Appellate, Telecommunications. The FTC's lawsuit against Qualcomm has also led to the airing of an apparent conflict between the FTC and the Department of Justice's (DOJ) Antitrust Division. After some initial success at the United States District Court for the Northern District of California (US District Court), FTC has constantly seen setbacks, and at times, very harsh rebukes at the Ninth Circuit. our privacy policy page. The analysis of Qualcomm’s exclusive dealing is sound and very likely correct. On Wednesday, the Ninth Circuit filed an order whereby Circuit Judge Johnnie B. Rawlinson and Circuit Judge Consuelo M. Callahan vote to deny the … at 757. On May 28, 2019, Qualcomm moved the District Court to stay its Order pending appeal to the Ninth Circuit or, in the alternative, pending resolution of its stay request. 2021 Cornerstone Research, Copyright © Further, the FTC argued that Qualcomm violated its SEP obligations by refusing to license its patents on FRAND terms. The former case settled in April 2019 just as trial began. The appellate court unanimously ruled in favor of Qualcomm, citing reasons that closely followed our expert’s testimony. At that time, we characterized the district court’s order and injunction as either “a trailblazing application of the antitrust laws” or “an improper excursion beyond the outer limits of the Sherman Act.” Id. The FTC split 2 to 2, with the Chairperson recusing himself because Chair’s former law firm had represented Qualcomm. The FTC had argued that Qualcomm had used its monopoly power over chipset supply to coerce OEMs into agreeing to licensing terms for its SEPs that excluded rival chipset suppliers. The Court noted that many of Qualcomm's premium LTE modem chips are required by "OEMs- producing premium handsets" and that there are no "available sub… However, as demonstrated by the DOJ's involvement here, the antitrust agencies are not necessarily aligned, and the exact contours of the Trump Administration's enforcement priorities remain unclear. Attorney Advertising. Yesterday, Judge Koh of the U.S. District Court Northern District of California entered a Judgment following the January 2019 trial based on her Findings of Fact and Conclusions of Law that Qualcomm violated the Federal Trade Commission Act. For the latter case, Professor Nevo testified before the Seoul High Court in May 2019. Qualcomm is a … Side note: If you would like to know the full background of the case, follow this FTC vs. Qualcomm article series. On August 11, 2020, in FTC v. Qualcomm, the U.S. Court of Appeals for the Ninth Circuit reversed a May 21, 2019 judgment by the U.S. District Court… [8] Main Opinion, Page 232, 26 FTC v. Qualcomm, Antitrust, and Intellectual Property. The FTC also … Erik Hovenkamp. Parties, docket activity and news coverage of federal case Federal Trade Commission v. Qualcomm Incorporated, case number 5:17-cv-00220, from California Northern Court. The FTC relied on email communications and written notes to support their allegations. In the complaint, the FTC raised several issues. The district court ruled that Qualcomm acted with “anticompetitive malice” in its licensing tactics, and … The dispute in FTC v. Qualcomm centered on the FTC's allegations regarding Qualcomm's "no license, no chips" policy. On August 11, 2020, in FTC v. Qualcomm, the U.S. Court of Appeals for the Ninth Circuit reversed a May 21, 2019 judgment by the U.S. District Court for the Northern District of California and vacated the district court’s worldwide, permanent injunction prohibiting several of Qualcomm’s … A ten-day bench trial was held in January 2019. Analysis Group was retained on behalf of Qualcomm, the defendant in an antitrust suit brought by the Federal Trade Commission (FTC). 1 Last month, Apple and Qualcomm resolved their dispute over Qualcomm's same "no license, no chips" strategies at issue in this case. more about our use of cookies on Qualcomm. Yesterday, Judge Koh of the U.S. District Court Northern District of California entered a Judgment following the January 2019 trial based on her Findings of Fact and Conclusions of Law that Qualcomm … Just days before leaving office, the outgoing Obama FTC left what should have been an unwelcome parting gift for the incoming Commission: an antitrust suit against Qualcomm. Judges can be too demanding of plaintiffs and thereby stymie meritorious cases, but that is not what happened in FTC v. Qualcomm. The case is Federal Trade Commission v Qualcomm Inc., 19-16122, U.S. Court of Appeals for the 9th Circuit (San Francisco). Consequently, it would not affect the OEM’s decision of which chip to purchase. The district court’s original ruling for the FTC would have stopped Qualcomm immediately, but Bloomberg reports that Judge Lucy Koh’s order was held to give Qualcomm time to appeal. Cal.). In an ongoing series of posts by both regular bloggers and guests, Truth on the Market offers analysis of the FTC v.Qualcomm antitrust case. The appellate court’s rulings on both the logical flaws in the FTC’s “surcharge theory” and the reasonableness of Qualcomm’s procompetitive justifications closely follow Professor Nevo’s testimony. First, the FTC alleged that Qualcomm had considerable market power in the premium LTE modem chip market. The FTC argued that if Qualcomm was not subject to an antitrust duty to deal under Aspen Skiing, the company still engaged in anticompetitive conduct in violation of Section 2 … This week the FTC — under a new Chairman and with an entirely new set of Commissioners — finished unwrapping its present, and rested its case in the trial begun earlier this month in FTC v Qualcomm. Judge Koh rules that Qualcomm violated FTC Act (FTC v. Qualcomm) By David Long on May 22, 2019. FEDERAL TRADE COMMISSION v. QUALCOMM INCORPORATED. Thus, the vote to bring FTC v Qualcomm provides the least wisdom and confidence of any vote to bring any FTC antitrust case since 1994. 3 The FTC, after getting a full contingent of Commissioners, reconsidered the wisdom of bringing the case. This website uses cookies for performance and functionality. Instead, these aspects of Qualcomm’s business model are ‘chip-supplier neutral’ and do not undermine competition in the relevant antitrust markets.” The Ninth Circuit also found that Qualcomm presented reasonable procompetitive justifications that were consistent with industry practices. The dispute in FTC v. Qualcommcentered on the FTC's allegations regarding Qualcomm's "no license, no chips" policy. Counsel for Qualcomm also retained Professor Nevo for the cases Apple v. Qualcomm and Qualcomm v. Korea Fair Trade Commission (KFTC). 2019). The FTC sued Qualcomm under Section 5 of the FTC Act, which has broader latitude to find an “unfair methods of competition” violation than the … Qualcomm is one the leading companies in modem chip manufacturing, especially 5G technology. Font Size: A A A; A significant federal court decision expands on the relationship between antitrust and intellectual property law. Docket for Federal Trade Commission v. Qualcomm Incorporated, 5:17-cv-00220 — Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to … The FTC alleged that Qualcomm had unlawfully monopolized the market for certain semiconductors important in smartphone technology. Federal Trade Commission v. Qualcomm Incorporated United States District Court Northern District of California, San Jose Division No. 21 months ago. Qualcomm is a monopoly and has to change the way it does business, a US district court judge ruled late o n May 21. [6] Main Opinion, Page 85, Line 18-26 cmaier. But on August 11, a three-judge panel -- Judge Rawlinson from Nevada, Judge Callahan, and Judge Stephen Murphy, III, who is a U.S. District Court judge from Michigan sitting by designation -- it was a 3-0 vote. A wave of setbacks for the FTC. FTC v Qualcomm does precisely what a unanimous Court refused to do in Trinko —create a new, broader exception to the proposition that there is no duty to deal with competitors. A judge rules the chipmaker is a monopoly, dealing a blow to Qualcomm. And lastly, the Court required Qualcomm to submit to compliance and FTC monitoring procedures for seven years. Regardless of a stay, this case has already provided insight into the dangers facing companies when licensing standard-essential technology and the continued willingness of US regulators to pursue even the most complicated industries. Antitrust and Competition, Telecommunications, Media, and Entertainment, Cravath, Swaine & Moore; Morgan, Lewis & Bockius; and Keker, Van Nest & Peters. Twitter Facebook LinkedIn Email Print. Automobile makers Ford, Honda, Daimler AG and Tesla, joined by chip makers Intel and MediaTek, called for a rehearing of the FTC case against Qualcomm in what is called an “en banc hearing.” According to the companies, the reversal of the FTC case against Qualcomm by the U.S. Ninth District Court in … The case is Federal Trade Commission v Qualcomm Inc., 19-16122, U.S. Court of Appeals for the 9th Circuit (San Francisco). Dissenting Statement of Commissioner Maureen K. Ohlhausen regarding the FTC filing a case against Qualcomm. The FTC challenged several of Qualcomm’s patent licensing practices and sought to reduce the royalties it collected from makers of cellular devices. The dispute in FTC v. Qualcomm centered on the FTC's allegations regarding Qualcomm's "no license, no chips" policy. The FTC challenged several of Qualcomm’s patent licensing practices and sought to reduce the royalties it collected from makers of cellular devices. Judge Koh eventually declined the DOJ's request to hold an evidentiary hearing on the question of remedy, concluding it would be "unnecessary" due to the "considerable testimony, evidence and argument" presented at trial and the lack of "acute factual disagreements." On August 11, 2020, in FTC v. Qualcomm, the U.S. Court of Appeals for the Ninth Circuit reversed a May 21, 2019 judgment by the U.S. District Court for the Northern District of California and vacated the district court's worldwide, permanent injunction prohibiting several of Qualcomm's core business practices. Counsel for Qualcomm retained Cornerstone Research to support the expert testimony of Aviv Nevo of the University of Pennsylvania, who is also a Senior Advisor to Cornerstone Research. The foundational technology and intelligence we put into 3G and 4G is bringing us 5G, connected cars, and a true Internet of Things. The FTC’s January 2017 complaint alleged that certain of Qualcomm’s practices relating to its patent licensing and modem chipset businesses violated the federal antitrust laws. Qualcomm had appealed the case after the District Court ruled in favor of the FTC in May 2019. Docket for FTC v. Qualcomm Inc., 19-16122 — Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality open legal information. The ruling, by Judge Lucy Koh, … Qualcomm had appealed the case after the District Court ruled in favor of the FTC in May 2019. This is the Invention Age. FTC v Qualcomm does precisely what a unanimous Court refused to do in Trinko—create a new, broader exception to the proposition that there is no duty to deal with competitors. On August 11, 2020, the Ninth Circuit Court of Appeals reversed a decision of Judge Koh sitting in the Northern District of California that certain of Qualcomm’s business practices relating to its standards essential patents (SEPs) breached the antitrust laws. The FTC case, filed in 2017, is among numerous challenges to Qualcomm’s practices from competitors, customers and regulators worldwide. Qualcomm-FTC lawsuit: Everything you need to know. FTC v. Qualcomm Case Not Quite Done by Chris Taylor | Sep 11, 2020. © 2019 White & Case LLP. By continuing to browse, you agree to our use of cookies. This publication is protected by copyright. Qualcomm's fight with the FTC ran concurrent with its legal battle with Apple. Qualcomm, an innovator in cellular technology, both licenses its patented technology and sells cellular modem chips that embody portions of its technology. On May 21, 2019, Judge Lucy Koh of the US District Court for the Northern District of California issued her decision in the case. Case No. In a suit filed in the Northern District of California in January 2017, the Federal Trade Commission (FTC) alleged that Qualcomm’s business practices relating to its licensing of patents and its selling of cellular modem chips were anticompetitive. Qualcomm is also very pleased that the full Ninth Circuit Court of Appeals has denied the FTC’s petition for rehearing. Introduction. The FTC alleged that Qualcomm conditioned the sale of its modem chips on its product manufacturers' willingness to license its patents and enter into exclusive chip deal agreements. Professor Nevo testified to several shortcomings in the FTC’s theory of harm and to several procompetitive justifications for Qualcomm’s practices. In this short essay, I review and evaluate the court’s decision in FTC v. Qualcomm. The FTC also stressed testimony by industry executives, including Apple, Inc. Chief Operating Officer Jeff Williams, who testified that Apple ended up paying a licensing fee five times higher than anticipated after being strong-armed in negotiations with Qualcomm over licensing.1 [6] Based on this evidence, Judge Koh concluded that Qualcomm had wrongfully suppressed competitors in the premium LTE modem chip market to demand unnecessary licensing fees from its customers. Additionally, Judge Koh ordered Qualcomm to negotiate license terms for its SEPs in good faith without the "threat of lack of access" or "discriminatory provisions." Tweet Share Post Email Print Link. The district court ruled that Qualcomm acted with “anticompetitive malice” in its licensing tactics, and entered an injunction requiring Qualcomm to renegotiate its current license agreements and prohibiting future anticompetitive licensing practices. This has been a saga of a lot of time and pain. The latest chapter in this saga involves an antitrust suit brought by the Federal Trade Commission (FTC) against chip manufacturer Qualcomm, which the Commission recently won in district court. 2019). Judge Lucy Koh's ruling found that Qualcomm's licensing practices have "strangled competition in the CDMA and premium LTE modem chip markets for years and harmed rivals, OEMs and end-consumers in the process." 2019). Deep Dive Episode 94 – FTC v. Qualcomm. The case FTC v. Qualcomm Inc. dealt with this issue where the United States’ Federal Trade Commission (FTC) sued Qualcomm for anti-competitive and monopolistic practices. The Federal Trade Commission (“FTC”) contends that Qualcomm Incorporated (“Qualcomm”) violated the Sherman Act, 15 U.S.C. 17-CV-00220-LHK FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff Federal Trade Commission (“FTC”) brings suit against Defendant Qualcomm Incorporated (“Qualcomm”) for allegedly violating Section 5(a) of the FTC Act, 15 U.S.C. [10] Case No. [12] Although Judge Koh found some of the remedies requested by the FTC to be "either vague or not necessary," [11] she granted the majority of the FTC's initial requests, including the imposition of monitoring procedures, a prohibition of the challenged restrictions on licensing and OEM exclusivity, and the requirement to make licenses available on fair, reasonable and non-discriminatory terms. The FTC filed a complaint in federal district court charging Qualcomm Inc. with using anticompetitive tactics to maintain its monopoly in the supply of a key semiconductor device used in cell phones and other consumer products. FTC v. Qualcomm Inc., 935 F.3d 752 (9th Cir. Qualcomm patented processors and other standard-essential technology used in mobile devices, mobile operating systems and cellular networks, and licensed its technology to more than 340 product companies, including phone vendors. Substantively, the FTC on January 17, 2017 filed suit against Qualcomm, alleging that it violated the Sherman Act and separately the FTC ACT, engaging in anticompetitive behavior, partially because it licensed only to original equipment manufacturers, or OEMs—these OEMs are making smartphones—and not to direct competitors. , 2019 Commission ( KFTC ) 3:17-cv-00108 ( S.D 5848999, Nov. 6, WL... 2, with the ftc v qualcomm recusing himself because Chair ’ s practices trial, Professor for!... by on Scribd Tags: lawsuit, FTC, Qualcomm [ 92 comments ] Top Rated comments for semiconductors! San Francisco ) raised several issues filed in 2017, the FTC ’ s of... Of Commissioners, reconsidered the wisdom of bringing the case is Federal Trade v... Sought to reduce the royalties it collected from makers of cellular devices contended, in the raised. Retained on behalf of Qualcomm ’ s unanimous decision which reversed and vacated the District ruled! 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