Key

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SARAH KEY; ANDREW No. 23-3354

WESTLEY; TERESE

D.C. No.

RUSSELL; CARRA ABERNATHY,

3:17-md-02773-

JSC

Plaintiffs - Appellants,

v. OPINION

QUALCOMM INCORPORATED, a Delaware Corporation,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of California Jacqueline Scott Corley, District Judge, Presiding

Argued and Submitted October 15, 2024 San Francisco, California

Filed February 25, 2025

Before: Ronald M. Gould, Jay S. Bybee, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge R. Nelson SUMMARY *

Antitrust Law

In a consolidated antitrust class action, the panel affirmed in part and vacated in part the district court’s partial dismissal and partial summary judgment in favor of defendant Qualcomm Inc. In an earlier suit, the Federal Trade Commission alleged that Qualcomm’s business practices violated federal and state antitrust law. These practices included (1) Qualcomm’s “no license, no chips” policy, under which Qualcomm refused to sell modem…