Cravath’s London Office Moves to 100 Cheapside
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.
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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.
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