Late yesterday evening, Judge Koh issued her anxiously-awaited ruling in the FTC v. Qualcomm litigation. The 233-page opinion extensively describes Qualcomm’s anti-competitive conduct, how it has harmed both existing and potential competitors as well as consumers, and how that conduct has ultimately harmed competition in the LTE and 5G markets. It would normally be hard…
Tag Archive for competition
Apple, Qualcomm Settle—But That Doesn’t Mean The FTC Should
by Josh Landau •
Apple and Qualcomm have reached a global settlement to the wide-ranging dispute between the two companies. Stretching from China to the UK to the US, in a range of forums in various countries, Apple had accused Qualcomm of anti-competitive conduct in patent licensing, while Qualcomm brought a grab-bag of counterclaims. All of that is over.…
Don’t Buy Into Qualcomm’s Attempts To Distract From Its Anti-Competitive Behavior
by Josh Landau •
There’s been a lot of discussion about Qualcomm’s recent Chinese injunction against Apple. But that’s a distraction—the real story is, and remains, the trio of lawsuits against Qualcomm for anti-competitive practices that will be conducted over the first half of 2019. First, in January, the Federal Trade Commission’s lawsuit. Next, in April, Apple’s lawsuit. And…
CCIA Files Additional Comments In Qualcomm ITC Case
by Josh Landau •
Last June, CCIA filed comments on the public interest issues implicated by Qualcomm’s ITC complaint against Apple. (The ITC is required to take into account whether the public interest would be harmed by exclusion.) Last month, the ITC Administrative Law Judge (ALJ) agreed with our comments, determining that an exclusion order was not in…
Qualcomm Has Been Violating Its Obligation To License Competitors For Years
by Josh Landau •
Today, Judge Koh issued an important ruling in the FTC v. Qualcomm litigation centered on Qualcomm’s anti-competitive trade practices. Ruling on a motion for partial summary judgment, Judge Koh determined that Qualcomm is obligated to license its standard-essential patents to anyone who asks for a license. Qualcomm admits that it refuses to license other modem…
ITC: No Public Interest In Excluding Qualcomm Competitors
by Josh Landau •
Over a year ago, I filed comments at the International Trade Commission (ITC). Those comments explained why it went against the public interest to exclude Qualcomm’s competitors products from the U.S. market based on Qualcomm’s patent infringement allegations. Last week, the ITC administrative law judge in charge of the case agreed. What’s At Stake? About…
CCIA, ACT File Amicus Brief In FTC v. Qualcomm
by Josh Landau •
Yesterday, CCIA and ACT filed an amicus brief in the FTC’s case against Qualcomm in the Northern District of California. As explained in the brief, the FRAND obligation which patent owners voluntarily agree to when they participate in the development of a standard requires the owners of standard-essential patents to license their patents on “fair,…
ITC Remedies Don’t Have To Be All-Or-Nothing
by Josh Landau •
The International Trade Commission’s (ITC) basic function is to protect American industry against unfair foreign competition by prohibiting the importation of unfairly produced trade goods. That includes preventing the importation of goods that infringe a valid U.S. patent through what are called “exclusion orders.” But that function is limited by the second part of its…
Qualcomm’s Settlement With Taiwanese FTC Ignores Broken Promises
by Josh Landau •
Last week Qualcomm reached an agreement with the Taiwanese Fair Trade Commission (TFTC), overturning the $778 million penalty the TFTC levied in October. Qualcomm promised to invest $700 million in Taiwan and commit to certain process safeguards over their licensing arrangements with handset makers. In exchange, the original TFTC ruling is wiped away. Qualcomm will…
Standard Essential Patents In The News
by Josh Landau •
Standard essential patents (SEPs) are in the news today in a couple ways. First, the EU antitrust authorities fined Qualcomm $1.2 billion over conduct that involved locking Apple into an exclusive supplier arrangement in order to harm competing baseband chipset makers. The EU investigation isn’t the only place Qualcomm’s anti-competitive conduct is being challenged; they’ve…