ANALYSIS: Qualcomm’s Monopoly Appeal Will Test 80s Precedent

In an opinion that could reshape the race for the next generation of cellular technology, U.S. District Judge for the Northern District of California Lucy H. Koh permanently enjoined much of Qualcomm Inc.'s modem chip business model on May 21. Enforcing an unfair competition complaint brought by the Federal Trade Commission, Judge Koh concluded that Qualcomm’s licensing model, which leverages its Standard Essential Patents (SEPs) to control as much as 95 percent of modem chipsets sold to phone makers, violates U.S. antitrust law.

Qualcomm has pledged a speedy appeal to the U.S. Court of Appeals for the Ninth Circuit, and ...