I just started reading it myself, may have more to say about it later today or next week. Share It Share on Twitter Share on Facebook Copy link. The regulator asked the U.S. Ninth Circuit Court of Appeals for an “en banc” hearing before an 11-judge panel. The three-judge panel erred when it ruled Qualcomm’s “no license no chips” policy didn’t result in an unfair surcharge on its competitors, the trade agency claimed on Friday, September 25, in a petition with the Ninth US Circuit Court of Appeals in San Francisco. 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… N° 96993 The Federal Trade Commission recently filed a petition with the U.S. Court of Appeals for the Ninth Circuit requesting rehearing en banc of the August 11, 2020, decision of a panel of that court in the matter of FTC v. Qualcomm Incorporated. Want more news? If you disable this cookie, we will not be able to save your preferences. Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings. Number one, the FTC can decide to do nothing. On October 28, 2020, the full US Court of Appeals for the Ninth Circuit denied the US Federal Trade Commission’s (FTC) petition for en banc review of the Court’s earlier decision in FTC v. Qualcomm. Qualcomm did not immediately respond to a request for comment. Unless the FTC seeks review from the Supreme Court, the Ninth Circuit’s decision will likely have a significant impact on SEP holders accused of purported FRAND violations. The FTC’s petition for rehearing en banc was rejected. In a unanimous 3-0 ruling in favor of Qualcomm just last month, the FTC saw the original lower court ruling against Qualcomm overturned, leaving its efforts to dismantle Qualcomm’s successful licensing business in shambles. On May 21, 2019, Judge Lucy H. Koh of the U.S. District Court for the Northern District of California ruled in favor of the FTC, finding that the … The undersigned stakeholders write to urge the Federal Trade Commission (FTC) to continue to support innovation and competitiveness by seeking an en bancrehearing of the Ninth Circuit panel’s August 11, 2020 decision in FTC v. Qualcomm, which undermines longstanding U.S. law and policy and wrongly applies competition law. The FTC could not be reached for comment. In August, a three-judge panel of the 9th Circuit said the FTC … On August 11, 2020, that decision was reversed by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. On May 21, 2019, Judge Lucy H. Koh of the U.S. District Court for the Northern District of California ruled in favor of the FTC, finding that the company violated U.S. antitrust law. The most surprising thing was FTC’s chairman Simons siding with the other two commissioners resulting in the 3-2 in favor of en banc. After the direct, clear, and very short seven-line opinion, I am certain that FTC will not even … Throwing Out the FTC's Suit Against Qualcomm Moves Antitrust Law in the Wrong Direction. Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world. The US Federal Trade Commission (FTC) urged a US appeals court to reconsider an August 11 ruling that threw out antitrust claims against chipmaker Qualcomm, reported Bloomberg Law . An FTC spokesperson said both of those actions would require a vote from the commissioners. In a letter sent Monday, the automakers, as well as Qualcomm rivals Intel and MediaTek, urged the FTC to seek an "en banc" rehearing of the case by the full appeals court. Your preferences for cookie settings an Article on Data Protection and competition Law after the news this not. Appeals en banc '' hearing before an 11-judge panel can provide you with best... 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