Last Thursday, Law360 reported that U.S. District Judge Susan Illston refused to dismiss NETGEAR’s antitrust and false advertising suit. ASUS and its California-based subsidiary ASUS Computer International moved in September to dismiss the complaint.
ASUS said the suit usurped the FCC’s exclusive authority to enforce its own regulations and that it couldn’t offer a plausible explanation for how Netgear’s alleged damage was caused by the conduct.
Judge Illston denied the motion on Thursday, saying the case wouldn’t violate the FCC’s authority. She wrote that NETGEAR can prove its claims and that doing so doesn’t undercut the FCC’s authority because NETGEAR’s "allegations do not implicate the FCC’s determinations or require the court to interpret ambiguous FCC regulations".
In July, NETGEAR filed the suit, which among its claims alleges that the the RT-N65U and RT-AC66U are not FCC compliant.
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