Thursday, December 3

In Victory for Qualcomm, Appeals Court Throws Out Antitrust Ruling


SAN FRANCISCO — A federal appeals court threw out an antitrust verdict against Qualcomm on Tuesday, overturning a ruling that had threatened the chip maker’s business model.

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a 2019 ruling by a federal judge who found that Qualcomm had abused its monopoly position in wireless chips and overcharged mobile phone makers for its patents. The Federal Trade Commission had sued Qualcomm in 2017 over the issue.

Disagreements about Qualcomm prompted a split between the F.T.C. and other government agencies, including the Department of Justice, which contended that the District Court ruling could undermine Qualcomm’s position in technologies, like 5G, that are essential for national security.

Both the appeals court ruling and a patent licensing deal with China’s Huawei last month are boons to Qualcomm’s business. The company’s shares were up more than 2 percent at the close of trading on Tuesday.

The F.T.C. staff could ask a full panel of circuit judges to review the ruling or, failing that, try to persuade the trade commission to appeal to the Supreme Court, said Florian Mueller, a legal consultant and blogger who has closely tracked the case. But neither route is likely to succeed, he said.

Ian Conner, director of the F.T.C.’s bureau of competition, said, “The court’s ruling is disappointing, and we will be considering our options.”

Don Rosenberg, Qualcomm’s general counsel, said the ruling “validates our business model and patent licensing program and underscores the tremendous contributions that Qualcomm has made to the industry.”



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