On Wednesday, the United States Court of Appeals for the Ninth Circuit granted Qualcomm's motion to expedite its appeal of the FTC v. Qualcomm antitrust ruling (this post continues below the document):
19-07-10 Order Granting Qua... by on Scribd
These are the two key paragraphs:
"The opening brief and excerpts of record are due August 9, 2019; the answering brief is due October 4, 2019; and the optional reply brief is due October 25, 2019."
"This case shall be placed on the first calendar available upon completion of briefing."
That's a tight schedule for such a complex case, but the FTC's litigation team has been very efficient and will probably be able to craft a great response to Qualcomm's opening brief in the eight weeks they will have.
This schedule slightly increases Qualcomm's chances of obtaining a partial stay of enforcement while the appellate proceedings are ongoing. The length of such a stay is part of the consideration. However, even with this schedule it may still be spring or so before the Ninth Circuit actually hands down a decision, given the scope and scale of this case.
By the way, Samsung filed a motion to intervene, but only with respect to the sealing of its highly confidential effective royalty rates under its 2018 deal with Qualcomm.
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