9th Circuit Sides With Qualcomm in Modem Chip Monopoly Case
Qualcomm scored a victory Wednesday against allegations it has a modem chip monopoly (see 2104020058 and docket 19-15159 in Pacer).The U.S. Court of Appeals for the 9th Circuit vacated a district court’s order “certifying a nationwide indirect purchaser class in…
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an antitrust multidistrict litigation seeking injunctive and monetary relief under” the Sherman Act and California law. The three-judge panel cited “differences in relevant state laws,” which “swamped predominance.” Judges Eugene Siler, Jay Bybee and Ryan Nelson also cited the result in FTC v. Qualcomm , in which the 9th Circuit said the company’s modem chip licensing practices didn’t violate the Sherman Act, and “there was nothing to be enjoined because its exclusive dealing agreements with Apple did not substantially foreclose competition and were terminated years ago.” California’s “choice of law rules precluded the district court’s certification of the nationwide Rule 23(b)(3) class because other states’ laws, beyond California’s Cartwright Act, should apply,” the court said in Stromberg v. Qualcomm. The company and an attorney for Stromberg didn’t comment.