Antitrust Class Action Against Qualcomm Dismissed
August 11, 2009
On August 10, 2009, a Federal District Court in San Diego dismissed for the second time a putative consumer class action alleging that Qualcomm’s licensing practices inflated the prices for cell phones and cellular service. Cravath secured the dismissal of the plaintiff’s original complaint in March, convincing the court that any alleged injuries suffered by cell phone customers were too remote from Qualcomm’s upstream licensing conduct to allow for standing to sue under California’s antitrust and unfair competition laws. The Court also dismissed the plaintiff’s other state law theories for failure to state a claim.
After the plaintiff filed an amended complaint, Cravath moved for a second time to dismiss on behalf of Qualcomm. Agreeing that the amended complaint added no new relevant factual allegations, the Court again dismissed for lack of standing and for failure to state a claim.
The Cravath lawyers involved in this matter include partners Evan R. Chesler and Peter T. Barbur and associates Karl C. Huth, Duane L. Loft and John E. Roberts.
Related Practices & Industries
People
- Photo
-
-
J.D., 1987, New York University School of LawOrder of the Coif, Root-Tilden Scholar, cum laude
-
B.A., 1983, Dartmouth CollegePhi Beta Kappa, magna cum laude
- New York
Education
Admitted In
- Photo
-
-
J.D., 1975, New York University School of LawOrder of the Coif, John Norton Pomeroy Scholar, cum laude
-
M.A., 1973, Hunter Collegesumma cum laude
-
A.B., 1970, New York University
Education
Related News & Insights
Deals & Cases
June 04, 2025
QUALCOMM Incorporated’s $1.5 Billion Registered Notes Offering
Cravath represented QUALCOMM Incorporated in connection with its $1.5 billion registered notes offering. QUALCOMM Incorporated is a global technology leader, helping to bring intelligent computing everywhere through the development and commercialization of foundational technologies. The transaction closed on May 21, 2025.
Deals & Cases
August 22, 2024
QUALCOMM Incorporated’s $4 Billion Revolving Credit Facility
Cravath represented QUALCOMM Incorporated in connection with its $4 billion revolving credit. QUALCOMM Incorporated is a global leader in the development and commercialization of foundational technologies for the wireless industry. The transaction closed on August 8, 2024.
Deals & Cases
June 16, 2017
Qualcomm Directors and Officers Win Dismissal of Shareholder Derivative Suit Related to Purported FCPA Violations
On June 16, 2017, the Delaware Court of Chancery dismissed a stockholder derivative lawsuit brought against current and former directors and officers of Qualcomm Incorporated alleging, among other claims, that defendants breached their fiduciary duties by allegedly failing to prevent purported FCPA violations by the company. In granting the dismissal, Vice Chancellor Tamika R. Montgomery‑Reeves held that the complaint did not plead sufficient facts to infer that the individual defendants had acted in bad faith or that the directors faced a substantial likelihood of personal liability such that plaintiffs’ failure to make a demand on the board to bring a suit was excused.
Deals & Cases
September 08, 2011
Qualcomm Granted Consolidation Order in PJC Lawsuit
On September 6, 2011, the U.S. Judicial Panel on Multidistrict Litigation granted Cravath client Qualcomm Inc.’s request to centralize 11 lawsuits over PJC Logistics LLC’s vehicle tracking patent in Minnesota Federal Court. PJC alleged that certain mobile fleet management products manufactured by Qualcomm, and installed on hundreds of thousands of trucks and other vehicles, infringe U.S. Patent No. 5,223,844. In March 2011, PJC brought actions in nine district courts against hundreds of customers of fleet management products. In April 2011, Qualcomm filed a declaratory judgment action in the District of Minnesota alleging that the patent is invalid and not infringed by Qualcomm’s products. PJC subsequently filed additional infringement actions against Qualcomm and other suppliers of allegedly infringing fleet management systems in Texas. Qualcomm moved the Judicial Panel on Multidistrict Litigation to transfer all the actions to the District of Minnesota for coordinated pre-trial proceedings. After oral argument in July 2011, Qualcomm’s motion was granted.
