Published: May 20, 2017
Publication: Bloomberg BNA
“Supporters of the Federal Trade Commission’s antitrust lawsuit against smartphone chipmaker Qualcomm Inc. want a decision that would clarify the limits of a patent owner’s ability to control the use of essential technology by other innovators.
Patent attorneys and industry analysts agree that the case in a California federal court raises cutting-edge antitrust questions whose answers could disrupt the balance of power among patent owners, competitors, and companies that want to license patents for their own innovations. Billions of dollars are at stake.
The law is murky when it comes to which patent licensing practices go too far and how much the FTC can intervene. The FTC says that Qualcomm’s refusal to license to competitors violates both antitrust laws and typical industry patent agreements. But that assertion isn’t shared by everyone.”