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.
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J.D., 1987, New York University School of LawOrder of the Coif, Root-Tilden Scholar, cum laude
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B.A., 1983, Dartmouth CollegePhi Beta Kappa, magna cum laude
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J.D., 1975, New York University School of LawOrder of the Coif, John Norton Pomeroy Scholar, cum laude
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M.A., 1973, Hunter Collegesumma cum laude
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A.B., 1970, New York University
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