The U.S. Court of Appeals for the Ninth Circuit is going to weigh in on a $5 billion consumer class action against Qualcomm Inc. over its IP licensing practices.

A two-judge motions panel granted Qualcomm’s petition for an interlocutory appeal on Wednesday. Qualcomm asked the Ninth Circuit to intervene last October, saying the class of some 250 million cellphone purchasers is unprecedented and that U.S District Judge Lucy Koh, who is overseeing the case, had “casually dismissed the due-process and manageability issues” it would present.

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