Joseph W. Cotchett

In early August, Cotchett attacked defendant Qualcomm Inc. in papers filed with the 9th U.S. Circuit Court of Appeals in what Cotchett calls “the largest independent purchaser antitrust case of all time.”

As co-lead counsel, Cotchett is trying to preserve the win he obtained in May 2019 when U.S. District Judge Lucy H. Koh of San Jose ruled that Qualcomm’s patent licensing practices violated antitrust law. Earlier, Koh certified a class that could be as large as 250 million people with damages as great as $5 billion. Cotchett and the other plaintiffs’ attorneys “have shown that Qualcomm’s allegedly anticompetitive conduct has market-wide application and effect,” Koh wrote. In re Qualcomm Antitrust Litigation, 17-md-02773 (N.D. Cal., filed April 6, 2017).

Qualcomm appealed to the 9th Circuit, contending that Koh got it wrong when she found the chipmaker engaged in antitrust tactics by refusing to supply modem chips in which it has a monopoly unless cell phone makers pay royalties on all phones. Cotchett shot back, “Qualcomm’s scheme operates as an industry-wide ‘tax’ and consumers ultimately bear its brunt.” In re Qualcomm Antitrust Litigation, 19-15159 (9th Cir., filed July 8, 2019).

“We represent all the people with smartphones,” Cotchett said. “This case is worth billions. The other side says the class is undefinable, but of course it is definable, and a very good judge said so.” Oral argument in the expedited case is set in about a month, he added.

Cotchett called the scope of the Qualcomm case second only to a $1.2 billion auto parts antitrust settlement he and others obtained earlier this year. In re Automotive Parts Antitrust Litigation, 2:12-md-02311 (E.D. Mich., filed Feb. 7, 2012).

That settlement preceded a July deal ending a decade-old case in which three former lead paint manufacturers will pay $310 million to 10 California cities and counties for damage their product caused. County of Santa Clara v. Atlantic Richfield Co., 00-cv-788657 (S. Clara Super. Ct., filed March 23, 2000).

Meanwhile, Cotchett is enthusiastically backing Joe Biden for president. “I’m on his California campaign committee,” he said. “Joe and I go back 40 years.” He said that in a recent conference call with the candidate some advised Biden to consider Senator Amy Klobuchar for his running mate. “She’s tough as nails and puts up with no BS,” Cotchett said. “And keep your eye on Tammy Duckworth too,” he added, naming the Illinois senator who lost her legs in combat as a U.S. Army helicopter pilot. “She virtually gave her life for her country. She’s fabulous.”

— John Roemer