On Monday, March 29, 2021, the Federal Trade Commission (FTC) announced that it would not ask the U.S. Supreme Court to review its appeals court loss against Qualcomm Inc. The U.S. 9th Circuit Court of Appeals said in October 2020 that it would not rehear arguments over whether Qualcomm had engaged in anticompetitive patent-licensing practices to keep a monopoly on the market for modern chips that connect smart phones to wireless data networks. A three-judge panel on that court had previously ruled that the FTC failed to prove its case. USIJ Executive Director Chris Israel issued the following statement:
“The Alliance of U.S. Inventors and Startups for Jobs (USIJ) is pleased that the FTC has declined to appeal its case against Qualcomm to the U.S. Supreme Court. The conclusion of this case is good news for all innovators and patent holders. The 2019 ruling by one Judge would dictate how Qualcomm must license its patents and what it can charge for licensing its patents – rather than allowing market driven decisions. The unanimous reversal of that decision by an appeals court, which was upheld by the entire Ninth Circuit, is great news for all inventors.
USIJ filed an Amicus brief in support of Qualcomm’s appeal of the decision, because of the devastating impact this ruling could have on all patent holders – small and large. Using antitrust law to target IP licensing and forcing companies to modify their licensing program would have sent the wrong message to the entire invention community – and put American innovation at risk. Fortunately judges at various levels understood that and endorsed continued innovation.”