Document Type

Article

Publication Date

5-2020

Journal

Santa Clara High Technology Law Journal

Volume

36

Issue

4

First Page

369

Last Page

405

Abstract

It was certainly an odd thing for the Department of Justice attorney arguing for the United States to appear before the Ninth Circuit to tell the appellate judges that a federal agency was wrong. This was what happened in a Federal Trade Commission enforcement action against Qualcomm Inc., a semiconductor technology company. As a substantial holder of patents on mobile communications technologies and also a leading manufacturer of chips used in that same industry, the FTC charged Qualcomm with anticompetitive conduct; the district court agreed and enjoined Qualcomm from certain patent licensing practices. It was that award of injunctive relief which led the Antitrust Division of the Department of Justice to oppose its administrative counterpart, arguing among other things that the injunction had been improvidently granted in view of the public interest.

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