Shares of Qualcomm (QCOM - Get Report) rose in after-hours trading Tuesday on reports the Department of Justice has asked an appeals court to pause an antitrust ruling against the chip maker.

Shares rose $4.33, or 5.7% to $80 in after-hours trading.

The DOJ has asked a Federal appeals court in San Francisco to pause implementation of an antitrust ruling against Qualcomm which was handed down in May, Reuters reported. The filing was supported by the Department of Defense and the Department of Energy, according the Reuters report.

In May, U.S. District Judge Lucy Koh ruled that Qualcomm had abused its market power in negotiating contracts for modem chips.

At the time Koh refused to halt implementation of the ruling while Qualcomm appealed.

"Qualcomm's licensing practices have strangled competition in the CDMA and premium LTE modem chip markets for years, and harmed rivals, OEMs, and end consumers in the process," Judge Koh wrote in the ruling, adding they are an "unreasonable restraint of trade under the Sherman Act."

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