On January 6, 2012, the U.S. District Court for the Eastern District of Pennsylvania dismissed claims that Cravath client Qualcomm conspired with others to exclude technology owned by TruePosition, Inc. from the 4G LTE cellular standard.
On July 20, 2011, the plaintiff filed a complaint alleging that Qualcomm and two other telecommunication companies improperly used their influence within the standard-setting organizations, Third Generation Partnership Project and European Telecommunications Standards Institute, to prevent the adoption of TruePosition’s location-tracking technology. In addition to the absence of any direct evidence of collusion, the Court found that the complaint failed to sufficiently allege that defendants had a motive to enter into a conspiracy or had acted “contrary to their interests,” and thus that it failed to identify the basis of the claim with the specificity required by the Supreme Court’s decision in Bell Atlantic v. Twombly. The plaintiff indicated that it intends to file an amended complaint.
The Cravath team was led by partner Roger G. Brooks.