No. 06-4292.

501 F.3d 297 (2007)


United States Court of Appeals, Third Circuit.

Filed: September 4, 2007.

Attorney(s) appearing for the Case

George S. Cary, Esq. (Argued), Cleary Gottlieb Steen & Hamilton LLP, Washington, DC, and David S. Stone, Esq., Boies, Schiller & Flexner, Short Hills, NJ, for Appellant.

Evan R. Chesler, Esq. (Argued), Richard J. Stark, Esq., Cravath, Swaine & Moore, New York, NY, and William J. O'Shaughnessy, Esq., McCarter & English, Newark, NJ, for Appellee.

Eric L. Cramer, Esq., Berger & Montague, Philadelphia, PA, and David Balto, Esq., Washington, DC, for Amici Curiae American Antitrust Institute and the Consumer Federation of America on Behalf of Neither Party.

William S. Feiler, Esq., Morgan & Finnegan, New York, NY, and Liza M. Walsh, Esq., Connell Foley, Roseland, NJ, for Amici Curiae Texas Instruments Inc., Nokia Corp. and Telefonaktiebolaget LM Ericsson on Behalf of Appellant.

Federick A. Nicoll, Esq., Dorsey & Whitney, Paramus, NJ, and Michael A. Lindsay, Esq., Dorsey & Whitney, Minneapolis, MN, and Robert A. Skitol, Esq., Drinker Biddle & Reath, Washington, DC, and Andrew Updegrove, Esq., Gesmer Updegrove, Boston, MA, for Amici Curiae The Institute of Electrical and Electronics Engineers, Inc., VITA, OASIS Open (Organization for the Advancement of Structured Information Standards), The Open Group, and PCI Industrial Computer Manufacturers Group on Behalf of Neither Party.

Before: BARRY, FUENTES, and GARTH, Circuit Judges.


BARRY, Circuit Judge.

This appeal presents important questions regarding whether a patent holder's deceptive conduct before a private standards-determining organization may be condemned under antitrust laws and, if so, what facts must be pled to survive a motion to dismiss. Broadcom Corporation ("Broadcom") alleged that Qualcomm Inc. ("Qualcomm"), by its intentional deception of private standards-determining organizations and its predatory...

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