Seoul High Court Denied Qualcomm’s Appeal for Stay on September 5, 2017

The Seoul High Court denied the Qualcomm’s petition to stay the order of the Korea Fair Trade Commission (KFTC). The court found that company’s business wouldn’t suffer irreparable harm while the company appeals. Irreparable harm typically is the legal threshold that courts use when determining whether to grant a stay.

Qualcomm announced it would appeal the Seoul High Court’s decision to the Korea Supreme Court. Link: Qualcomm press release

The case is an intermediary process and the court’s decision to deny the petition to stay does not impact Qualcomm’s appeal of the KFTC decision and order. The main lawsuit is pending before the Seoul High Court.

Further, the KFTC’s order reviewed by the Court does not invalidate any existing license agreements, does not prohibit Qualcomm from entering into licenses for its standard essential patents (SEPs) and other patents at the device level and does not limit the royalties Qualcomm can seek or collect for SEPs under its current or future licenses as long the license agreements are consistent with Qualcomm’s FRAND commitments.