In the matter Federal Trade Commission v. Qualcomm Inc., Bates White supported expert Carl Shapiro, from the University of California at Berkeley, in the litigation against Qualcomm. For that work, Dr. Shapiro received the American Antitrust Institute Outstanding Litigation Achievement in Economics award.
The case concerns modem chips that transmit voice calls and data and are used in mobile phones and other devices. Qualcomm, the leading manufacturer of several types of modem chips, has a number of patents necessary for implementing wireless communication standards. The FTC sued Qualcomm, alleging that Qualcomm used its dominant position to charge supra-FRAND royalties, impose anticompetitive supply and licensing terms on cell phone manufacturers, and weaken competitors. The judge’s decision parallels Dr. Shapiro’s testimony on market definition, market power, and the anticompetitive effects of Qualcomm’s conduct.
Partner Keith Waehrer accepted the award on behalf of Dr. Shapiro and presented Dr. Shapiro’s comments: “I am greatly honored by this award from the AAI.” He specifically thanked Dr. Waehrer and the team at Bates White that supported him on the case and concluded, “The FTC’s case against Qualcomm . . . is the most important antitrust/intellectual property case in quite a few years.”