Technology

Cartwright Act case alleging a conspiracy by competitors to fix prices and exclude plaintiff-‐designed DRAM chips out of the memory market. Defense presented evidence demonstrating that it was design flaws, higher manufacturing costs and other drawbacks associated with the memory chips along with plaintiff’s business practices that prevented RDRAM from gaining wide acceptance in the market.

Plaintiffs were several cell phone and wireless service providers who install equipment in the public right of way on utility poles. Defendant City and County enacted an ordinance (and a variety regulations to carry it out) that required plaintiffs to obtain permits for their wireless equipment installations. Among other things, a permit was conditioned on the City’s approval of the size and aesthetics of a proposed installation. Plaintiffs brought an action seeking a declaration that the ordinance and regulations were preempted by both State and Federal law.