|Thanks - this one is good - the others are as well:|
<<2. Antitrust Duty to License IP to Competitors?
The court concluded that Qualcomm had an antitrust duty to license its modem chip rivals under the Supreme Court’s decision in Aspen Skiing, relying heavily on the fact that Qualcomm had previously licensed its rivals, but later determined that it was more profitable to license solely at the OEM level. It is unclear from the evidence cited in the opinion what role changes in the U.S. law on patent exhaustion may have had on Qualcomm’s licensing practices over time. But beyond that key factual question, there are purely legal reasons to question the court’s embrace of Aspen Skiing to impose a duty to license intellectual property given that the case did not involve the licensing of intellectual property. Moreover, the Federal Circuit has held that the antitrust laws do not impose any duty to share intellectual property and the relevant Ninth Circuit precedent has been widely criticized. 15>>