TruePosition might have had a better chance before the U.S. Supreme Court handed down its Twombly decision in 2006.

FORBES: Judge Dismisses TruePosition Case -- With Invitation To Try Again

Qualcomm, in a legal response to the suit, says it has done nothing to prevent TruePosition from participating at ETSI.

FORBES: Liberty Media Unit Says Standards Manipulated By Competitors

For such a case to fly, Judge Kelley said, TruePosition must come up with direct evidence of a conspiracy, such as memos detailing discussions among competitors.

FORBES: Judge Dismisses TruePosition Case -- With Invitation To Try Again