'Headwinds' Make FTC Run Out Qualcomm Appeal Clock

Law360 (March 29, 2021, 10:18 PM EDT) -- A Ninth Circuit decision upholding Qualcomm's core licensing practices for cellular technology standard-essential patents will stand after the Federal Trade Commission chose not to seek U.S. Supreme Court review of the August 2020 ruling.

The FTC, currently split 2-2 between Republicans and Democrats, didn't vote to drop the appeal. Instead, it simply allowed Monday's deadline to take the case to the high court to run out, with Acting Chairwoman Rebecca Kelly Slaughter in a statement acknowledging the "significant headwinds facing the commission in this matter."

The case, brought during the Obama administration, has generally been supported by FTC Democrats but opposed by...

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