Technology standards-setting organizations provide constant fodder for antitrust suits. In theory, members of SSOs cooperatively hash out industrywide standards to ensure that their products are compatible. In practice, companies routinely stand accused of abusing the SSO process to drive up the value of their products and IP. Such cases can be hard to win without direct evidence of collusion, however, as lawyers at Constantine Cannon representing a technology developer called TruePosition were reminded last week.
Siding with an army of defense lawyers from Simpson Thatcher & Bartlett; Wilmer, Cutler, Pickering, Hale and Dorr; and Cravath, Swaine & Moore, Philadelphia federal district court judge Robert Kelly dismissed claims that Qualcomm, Alcatel-Lucent, and Ericsson conspired to undermine TruePosition’s technology. (Here’s the judge’s 47-page ruling, released on Friday.) Kelly gave TruePosition leave to amend its complaint, however, and the company’s lawyers say the fight isn’t over.
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