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 for the Northern District of California and vacated the district court’s worldwide, permanent injunction prohibiting several of Qualcomm’s core business practices.
If the September 2020 Continental Automotive Systems, Inc. opinion is any indicator, the answer seems to be “yes,” at least where an alleged violation of fair, reasonable, and nondiscriminatory (“FRAND”) terms and conditions is concerned. Following on the heels of F.T.C. v. Qualcomm Inc., the Northern District of Texas dismissed a complaint in which Continental Automotive Systems, Inc. (“Continental”) alleged, among other things, that Nokia Corporation and other technology companies (together, “Licensor Defendants”) violated Sections 1 and 2 of the Sherman Act by pooling their standard essential patents (“SEP”) in joint licensing entities called Avanci, LLC and Avanci Platform International Limited (together, “Avanci”). Continental Auto. Sys., Inc. v. Avanci, LLC