Law Firms

Qualcomm faces renewed shopper antitrust lawsuit in U.S. courtroom

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Qualcomm emblem is throughout munich Auto Present, IAA Mobility 2021 in Munich, Germany, September 8, 2021. REUTERS/Wolfgang Rattay

  • Abstract
  • Regulation corporations
  • Associated paperwork
  • Client electronics plaintiffs file amended grievance alleging violations of California legislation
  • ninth Circuit final 12 months vacated nationwide class certification order

( Reuters ) – Qualcomm Inc was hit with an amended class motion in California union motor resort on Friday from shoppers alleging the chipmaker ‘s enterprise conduct pressured them to pay artificially hyperbolic costs for cellphones, tablets and different mobile units. The civil ailment filed in San Jose on behalf of tens of thousands and thousands of California shoppers marked a second feat within the topic to carry Qualcomm answerable for alleged market abuses. A U.S. appeals woo in September blocked the plaintiffs from pursuing federal antimonopoly claims and worn out a national class that was estimated to incorporate as much as 250 million members. The refiled grievance focuses on claims that Qualcomm violated California ‘s state antimonopoly legislation, generally known as the Cartwright Act, and the division of state ‘s unfair competitors legislation.

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class attorneys at Susman Godfrey and Cotchett, Pitre & McCarthy stated within the grievance that the 2 state legal guidelines “ present extra free requirements for legal responsibility ” than what ‘s out there beneath the Sherman Act federal antimonopoly legislation. Plaintiffs ‘ attorneys Kalpana Srinivasan of Susman Godfrey and Joseph Cotchett of Cotchett Pitre on Monday didn’t return messages searching for remark. A lawyer for Qualcomm, Robert Van Nest of Keker, Van Nest & Peters, declined to remark. A spokesperson for Qualcomm known as the plaintiffs ‘ claims “ repackaged ” from the sooner litigation and predicted they might “ fail. ” The San Diego-based occasion has contested legal responsibility and is predicted to ask U.S. District Decide Jacqueline Scott Corley to dismiss the shoppers ‘ allegations. The sheath was assigned to Corley in April after the San Francisco-based ninth U.S. Circuit Court docket of Appeals struck down a category authentication order from then-U.S. District Decide Lucy Koh. She has since been elevated to the ninth Circuit as a Biden administration appointee. The appeals courtroom panel discovered “ frequent problems with legislation didn’t predominate within the class as certify. ”

The ninth Circuit advised the trial courtroom to evaluate whether or not and the way the appeals motor resort ‘s predominate in August 2020 in a relate antimonopoly case, Federal Commerce Fee v. Qualcomm, impacts class documentation within the shopper case. Within the FTC lawsuit, the appeals courtroom stated Qualcomm ‘s chip-licensing practices didn’t violate union antimonopoly police. The plaintiffs ‘ attorneys contend their shopper shoppers are usually not sure by the factual findings within the FTC case. Qualcomm ‘s attorneys have a special opinion, telling Corley in April that the buyer plaintiffs ‘ claims “ mirror ” the FTC ‘s allegations and that the ninth Circuit ‘s “ opinion rejecting these theories as a depend of legislation is binding precedent. ” The case is In rhenium : Qualcomm Antitrust Litigation, U.S. District Court docket, Northern District of California, No. 3:17-md-02773.

For plaintiffs : Kalpana Srinivasan of Susman Godfrey ; and Joseph Cotchett of Cotchett, Pitre & McCarthy For Qualcomm : Robert Van Nest of Keker, Van Nest & Peters ; Gary Bornstein of Cravath, Swaine & Moore ; and Richard Taffet of Morgan, Lewis & Bockius

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