Aaron Gott to Speak as Panelist for ABA Antitrust Section Program on FTC v. Qualcomm

Bona Law partner Aaron Gott will speak as a panelist on an upcoming ABA Antitrust Section panel on FTC v. Qualcomm, a case in which a district court held that Qualcomm violated the federal antitrust laws and issued an injunction prohibiting Qualcomm from conduct tying patent licensing to the supply of its chips. Qualcomm appealed, and the case is currently before the U.S. Court of Appeals for the Ninth Circuit.

On appeal, Gott, along with Bona Law lawyers Jarod Bona, Alexandra Shear, Luis Blanquez, and Luke Hasskamp, filed an amicus curiae brief supporting Qualcomm’s position on behalf of the International Center for Law & Economics and a dozen law and economics scholars throughout the country.

The brief argued that the district court committed several errors in reaching its decision, including that the court applied the wrong standard of proof for the anticompetitive harm resulting from the conduct, that the court erroneously held that Qualcomm had a duty to deal with its competitors, and that the court did not perform a competitive effects analysis, instead assuming substantial market foreclosure.

The ABA Antitrust Section program, entitled “Friendly Advice: Amicus Perspectives on the FTC v. Qualcomm Case” will bring together counsel for various amici on both side of the appeal. The case attracted an unusual amount of participation by amici, who advocated for affirmance, reversal, or consideration of particular issues.

The panel expects to discuss the issues raised by the case, the distinct perspectives of the amici, new developments on the appeal, and more generally to discuss practice points for effective amicus advocacy. Bona Law regularly files amicus curiae briefs on behalf of interested parties, and you can read more about the reasons why you should file an amicus curiae brief here.