September 14, 2021

IT’S COME TO THIS: Biden’s Ninth Circuit Nominee — Was Just Unanimously Overturned by the Ninth Circuit.

How exceedingly awful was Koh’s ruling?

“A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit (unanimously) reversed a 2019 ruling by a federal judge who found that Qualcomm had abused its monopoly position in wireless chips and overcharged mobile phone makers for its patents….

“The District Court judge, Lucy Koh,…(issued) a 233-page decision that could have forced Qualcomm to renegotiate its licensing contracts with phone makers and license its technology to rival chip makers.

“But the appeals court panel was not persuaded.

“In a 56-page ruling, the judges concluded that Qualcomm had no duty under antitrust law to license its competitors. They also ruled that Qualcomm’s policy of not supplying chips to any handset maker that had not licensed its patents did not work like an illegal surcharge on chips sold by competitors.

“‘Anti-competitive behavior is illegal under federal antitrust law,’ the judges wrote.  “Hyper-competitive behavior is not.”

The Ninth Circuit totally obliterated Koh’s ruling — and her alleged legal thinking behind it.

And now Biden has nominated Koh for a promotion — to the Ninth Circuit.

The court that totally obliterated Koh’s ruling — and her alleged legal thinking behind it.

Those Court colleague lunches should be really…interesting.

You only promote Koh — if you’re primarily interested in destroying the judiciary, IP, the economy and the country.

To be fair, based on the past eight months, you could make the argument that that is precisely the Biden administration’s goal.

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