District Court Holds That FRAND Commitment Requires Patent Owner to “License All Comers,” Including Chip Makers: Northern District of California Grants Summary Judgement That Qualcomm Must License Its Standard-Essential Patents at Chip Level

Sullivan & Cromwell LLP - November 8, 2018

On November 6, 2018, in FTC v. Qualcomm, the U.S. District Court for the Northern District of California granted the Federal Trade Commission’s motion for partial summary judgment, holding that FRAND licensing obligations imposed by two standard-setting organizations on participating patentees required Qualcomm to license its patents essential to practicing 3G and 4G/LTE telecommunications standards to competing modem chip suppliers.