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| Qualcomm defeats the Federal Trade Commission |
A US appeals court awarded Qualcomm a historic victory on Wednesday by refusing to reconsider the August three-judge panel decision and the FTC monopoly the company that designed the chip, refused.
The United States Federal Trade Commission (FTC) re-examined the petition for the alleged legal error based on the findings of the three-judge panel that the commission had delayed the structure of antitrust laws.
The decision to hold a hearing usually depends on whether the case is of particular interest or whether it conflicts with other decisions of the various courts of appeal.
A refusal could end a three-year legal battle between federal regulators and the San Diego-based company.
The agency may ask the United States Supreme Court to hear the case, although it is not clear if the commissioner supports the decision.
The US Court of Appeals for the Ninth Circuit stated in a brief ruling that it will not hear anti-competitive patent licensing practices from Qualcomm in order to maintain a market monopoly on modern chips that connect smartphones to wireless data networks.
A three-judge jury from the Ninth Circuit said on August 11 that the FTC had failed to demonstrate that Qualcomm's approach would have non-competitive effects on the wireless chip market.
The Federal Trade Commission asked the entire court to reconsider these arguments and the commission's decision.
"We thank the court for its efforts and efforts," said Don Rosenberg, Qualcomm's executive vice president and general counsel, in a statement.
He added: None of the judges of the Ninth Circuit considered it necessary to investigate the substance of the FTC case or seek a response from Qualcomm that demonstrated the strength and clarity of the full analysis and the commission’s conclusions.
The court said: The FTC's request to postpone the hearing informed more than 20 judges and no one asked to vote on whether to reconsider a three-judge panel.