CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Pleadings

Law360 Canada ( May 20, 2025, 2:10 PM EDT) -- Appeal by appellants from orders certifying class action and dismissing their application for summary judgment. The appellants argued that the chambers judge erred in law in concluding that the respondents’ pleadings disclosed reasonable causes of action and there were genuine issues on the evidence. The respondents were those who had purchased cellular devices containing modem chips during the class period. The appellants were entities in the business of developing, implementing and licensing modem chips for over 30 years and had participated in the development of cellular communications standards. The respondents alleged the appellants entered into anticompetitive agreements with manufacturers and competitors and engaged in unlawful conduct in their licensing practices and the sale and distribution of their modem chips. The appellants held a considerable share of the modem chip market, particularly of premium-long term evolution (“LTE”) chips that complied with the 4G standard. The appellants’ role in the standard-setting process and its practice of licensing at the device level grounded much of the respondents’ allegations of anticompetitive conduct. The Further Amended Notice of Civil Claim (“FANOCC”) before the chambers judge alleged that the appellants engaged in anticompetitive conduct through agreements made with other participants in the standard setting process and in its SEP licensing practices. The chambers judge was satisfied the pleadings were sufficient, and it was not plain and obvious that each claim disclosed no reasonable cause of action....
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