In Law360, IP Litigators Analyze Appellate Issues in FTC v. Qualcomm

IP litigation partners Kevin Post and Steven Pepe (both of New York) and IP litigation counsel Samuel Brenner (Boston) authored a Law360 article published on June 5. The article analyzes what to expect from an appeal of the FTC v. Qualcomm Inc., a district court decision that ruled Qualcomm has been illegally negotiating standard-essential patent licenses covering smartphone technology.

The authors explain that among the key appellate issues are the scope of the court injunction and whether Qualcomm has an antitrust duty to license its SEPs to rival upstream semiconductor manufacturers, rather than licensing only end-user products, like cell phones.