Apple Inc. vs. Qualcomm Incorporated
Douglas Bernheim submitted two expert reports on behalf of Apple in its litigation against Qualcomm. Apple alleged that Qualcomm used its dominant position as a supplier of baseband modem chipsets to effectuate anticompetitive standard essential patent (SEP) licensing practices, charge non-FRAND (fair, reasonable, and non-discriminatory) royalties, and foreclose competition. As part of his analysis, Dr. Bernheim analyzed the extent of Qualcomm’s market power in modem chipsets, Qualcomm’s conduct with respect to original equipment manufacturers (OEM), including Apple, and the effects of Qualcomm’s conduct on OEMs and Qualcomm’s rivals. The parties reached a settlement on the first day of trial, April 16, 2019.