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Qualcomm Win Shows Limits of Antitrust in Patent Cases, DOJ Says

Aug. 13, 2020, 7:40 PM

Qualcomm Inc.‘s recent court victory against the FTC validates the Justice Department’s views on limiting the role of antitrust in patent royalty cases, the DOJ told a federal court overseeing a private patent dispute against wireless technology maker Interdigital.

The department under antitrust chief Makan Delrahim has advocated in numerous court filings and policy speeches that disputes involving standard- setting patents should be viewed as contract disputes, not an antitrust violation—a position at odds with the Federal Trade Commission’s case against Qualcomm.

The chip maker’s win Tuesday in the U.S. Court of Appeals for the Ninth Circuit shows that ...