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Qualcomm Inc. has vowed to appeal U.S. District Judge Lucy Koh’s ruling last week that it unfairly used its market power over CDMA and premium 4G LTE modem chips to extract supracompetitive royalties from smartphone makers and their manufacturers.

But getting a decision from the Ninth Circuit could take years. In the meantime, Qualcomm needs to get Koh’s sweeping injunction—which requires it to renegotiate all of its licenses and offer FRAND rates to chip-making competitors—put on hold.

Qualcomm asked Koh for a stay pending appeal Tuesday evening, in a motion signed by Cravath, Swaine & Moore partner Gary Bornstein. If the judge doesn’t grant it, Qualcomm will undoubtedly file a similar motion with the Ninth Circuit. Here are five quick takeaways.

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Scott Graham

Scott Graham focuses on intellectual property and the U.S. Court of Appeals for the Federal Circuit. He writes ALM's Skilled in the Art IP briefing. Contact him at [email protected]

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