C.A. 5th Cir.’s judgment in Golden Bridge Technology, Inc. v. Motorola, Inc.

On 23 October 2008 the U.S. Court of Appeals for the Fifth Circuit affirmed the grant of a summary judgment in favour of defendants by the District Court for the Eastern District of Texas. The Fifth Circuit held that the plaintiff did not by direct or indirect evidence establish the existence of a conspiracy by the defendants participating to a standard setting organization 3rd Generation Partnership Project to remove the defendant’s technology from an industry standard.

While the District Court would have applied the per se prohibition to such a conspiracy, had the existence thereof been shown by the plaintiff, the Fifth Circuit explicitly notes that its opinion should not be construed to endorse the lower court’s conclusion of per se liability.