On September 14, 2012, the U.S. District Court for the Eastern District of Pennsylvania denied the joint motion of Alcatel, Lucent, and Ericsson for reconsideration of the court’s August 21, 2012 order denying their motion to dismiss the TruePosition antitrust case alleging anticompetitive manipulation of the industry standards body, the Third Generation Partnership Program (3GPP). The defendants argued that, in denying their motion to dismiss, the court gave undue credit to TruePosition’s allegations, arguing that the court could not credit the statement that “innocuous parallel conduct was the result of an unlawful agreement.” The court held that TruePosition’s claim is broader than that allegation, because it “includes the premise that the corporate defendants cloaked themselves with the authority of 3GPP, and allegedly abused 3GPP’s rules and procedures, in order to frustrate competition in the marketplace.” The court also rejected the request for certification of the issue to the Court of Appeals. The case will proceed to discovery. True Position, Inc. v. LM Ericsson Tel. Co., No. 2:11-cv-04574 (E.D. Pa.).
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