Lorenzo

Lorenzo v. Qualcomm Inc.

Good Law

603 F. Supp. 2d 1291·2009 WL 537522·2009 U.S. Dist. LEXIS 16473

United States District Court, Southern District of CaliforniaMarch 3, 2009Case 08cv2124 WQH (POR)California6,763 words

Opinion

Hayes, J.

ORDER

The matter before the Court is the Motion to Dismiss Plaintiffs Complaint (Doc. # 14) filed by Defendant Qualcomm Incorporated.

Factual Allegations in the Complaint

A. The Parties

On November 18, 2008, Plaintiff Christopher Lorenzo initiated this action by filing the Complaint (Doc. # 1). Plaintiff is a resident of Los Angeles County, CA. Complaint, ¶ 9. Plaintiff purchased a Palm Treo 700Wx and a Blackberry Curve from Verizon and receives cellular service from Verizon. Id., ¶ 10. Defendant Qualcomm Incorporated (“Qualcomm”) is a Delaware corporation with its principal place of business in San Diego, CA. Id., ¶ 11. Qual-comm “is the second-biggest maker of mobile-phone chips and holds more than 1,400 patents which it licenses to more than 130 companies, including chip makers and cell phone manufacturers.” Id.

B. The Wireless Industry

Cell phones today “principally use one of two leading wireless technologies: either the Global System for Mobility (‘GSM’) or the Code Division Multiple Access (‘CDMA’).” Id., ¶ 12. These GSM and CDMA systems “have unique features and technology, thus neither the systems, nor the phones used for each system are interchangeable or…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.