Professional Documents
Culture Documents
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MOTION FOR LEAVE TO FILE BRIEF OF
AMICI CURIAE
5:17-CV-00220-LHK
Case 5:17-cv-00220-LHK Document 90 Filed 05/12/17 Page 2 of 6
21 is also a leading innovator, obtaining more U.S. patents in 2016 than any other company. 2 SEC
22 and its subsidiaries participate inand contribute technologies tonumerous standard setting
23 organizations (SSOs), including the European Telecommunications Standards Institute
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Amici and their counsel represent that they have authored the proposed brief accompanying this
25 motion. No counsel for a party authored the proposed brief in whole or in part, and no person or
entity, other than amici and their counsel, made monetary contribution to the preparation or
26 submission of the proposed brief.
2
James Cook, Samsung Was Granted More US Patents Than Any Other Company in 2016,
27 Business Insider (Jan. 11, 2017), available at http://www.businessinsider.com/sqoop-patent-
ranking-samsung-granted-more-patents-than-ibm-2016-2017-1.
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MOTION FOR LEAVE TO FILE BRIEF OF
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5:17-CV-00220-LHK
Case 5:17-cv-00220-LHK Document 90 Filed 05/12/17 Page 3 of 6
1 (ETSI) and the 3GPP Global Initiative, which has been working on standards for the 5G LTE
2 mobile standard. As a handset manufacturer, SEC licenses Qualcomms patent portfolio and pays
3 a royalty to Qualcomm based on the number of handsets it sells. SEC and its subsidiaries also
4 own, practice, and license numerous standard essential patents (SEPs).
5 Through SEC subsidiaries, SSI and Samsung Austin Semiconductor, LLC, Samsung is
6 also one of the worlds leading semiconductor manufacturers. Samsung Austin Semiconductor,
7 LLC manufactures baseband processors (chipsets), including the Samsung Exynos line of
8 chipsets, for use in certain SEC handsets. Despite having requested a license from Qualcomm,
9 Samsung cannot sell licensed Exynos chipsets to non-Samsung entities because Qualcomm has
10 refused to license Samsung to make and sell licensed chipsets. Compl. 112.
11 District courts have inherent authority to appoint or deny amici which is derived from
12 Rule 29 of the Federal Rules of Appellate Procedure. Jin v. Ministry of State Security, 557 F.
13 Supp. 2d 131, 136 (D.D.C. 2008) (quoting Smith v. Chrysler Fin. Co., L.L.C., No. Civ.A. 00-
14 6003, 2003 WL 328719, at *8 (D.N.J. Jan. 15, 2003)). In the Northern District of California,
15 [d]istrict courts frequently welcome amicus briefs from non-parties concerning legal issues that
16 have potential ramifications beyond the parties directly involved or if the amicus has unique
17 information or perspective that can help the court beyond the help that the lawyers for the parties
18 are able to provide. Sonoma Falls Developers, LLC v. Nev. Gold & Casinos, Inc., 272 F. Supp.
19 2d 919, 925 (N.D. Cal. 2003) (citing Cobell v. Norton, 246 F. Supp. 2d 59, 62 (D.D.C. 2003)
20 (quoting Ryan v. Commodity Futures Trading Commn, 125 F.3d 1062, 1064 (7th Cir. 1997))).
21 The SEPs and mobile technology in issue implicate billions of dollars in downstream
22 hardware and software development and play a critical role in improv[ing] the functioning of the
23 markets, reduc[ing] transaction costs and increas[ing] productivity through better management in
24 both the public and private sectors. 3 According to a 2016 Pew Research Center study, more than
25 three-quarters of Americans (77%) own a smartphone and the pace of smartphone adoption has
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Christine Zhen-Wei Qiang, Mobile Telephony: A Transformational Tool for Growth and
28 Development, 4 Priv. Sector & Dev. 7, 8-9 (2009).
MOTION FOR LEAVE TO FILE BRIEF OF
2 AMICI CURIAE
5:17-CV-00220-LHK
Case 5:17-cv-00220-LHK Document 90 Filed 05/12/17 Page 4 of 6
1 more than doubled since 2011. 4 The tablet market is undergoing a similar expansion; whereas
2 only 3% of Americans owned a tablet device in 2010, over 50% of consumers do now. 5 The
3 Internet of Things is growing even more rapidly: In 2010, the FTC noted there were more
4 devices connected to the Internet than there were people on Earthand estimated that this
5 number would surpass 50 billion by 2020. 6 Given that this shift toward mobile devices is
6 accelerating, and considering the prominent place that mobile technology occupies in consumers
7 lives, 7 robust competition in these markets is vital to consumer welfare and the national economy.
8 As a Qualcomm licensee (SECs handset manufacturing business) and an excluded
9 competitor (SSIs chipset sales arm, to which Qualcomm refuses to grant a license to make and
10 sell licensed chipsets), proposed amici are uniquely positioned to assist the Court in
11 understanding the impact of Qualcomms conduct on competition in the upstream market to make
12 and sell chipsets and in the downstream handset market. Because of amicis deep involvement in
13 these markets and their experience withand participation instandard-setting processes
14 coupled with their insight into (and ongoing firsthand experience with) the impact of Qualcomms
15 conduct on chipset competitors and downstream firms, amici respectfully request that the Court
16 grant their Motion for Leave to File the attached brief as amici curiae.
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24 See Aaron Smith, Record Shares of Americans Now Own Smartphones, Have Home Broadband,
Pew Research Center (Jan. 12, 2017), available at http://pewrsr.ch/2jbjymk.
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Id.
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26 FTC Staff Report, Internet of Things: Privacy & Security in a Connected World, at i (Jan. 2015),
available at https://goo.gl/SBCcDl.
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27 See Nancy Gibbs, Your Life Is Fully Mobile, TIME (Aug. 16, 2012), http://ti.me/PfkY9C
(survey indicates that [t]hree-quarters of 25-to-29-year-olds sleep with their phones, and 1 in 4
28 people check [their mobile phone] every 30 minutes, 1 in 5 every 10 minutes).
MOTION FOR LEAVE TO FILE BRIEF OF
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5:17-CV-00220-LHK
Case 5:17-cv-00220-LHK Document 90 Filed 05/12/17 Page 5 of 6
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MOTION FOR LEAVE TO FILE BRIEF OF
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Case 5:17-cv-00220-LHK Document 90 Filed 05/12/17 Page 6 of 6
1 CERTIFICATE OF SERVICE
2 On this 12th day of May, 2017, I hereby certify that I caused the foregoing document
3 entitled Notice of Motion and Motion for Leave to File Brief of Amici Curiae In Support of the
4 FTCs Opposition to Qualcomms Motion to Dismiss to be filed via the courts CM/ECF system,
5 which shall send notice to the counsel of record for the parties.
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Dated: May 12, 2017 Respectfully Submitted,
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8 IAN SIMMONS
OMELVENY & MYERS LLP
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By: /s/ Ian Simmons
11
IAN SIMMONS (pro hac vice application
12 pending)
isimmons@omm.com
13 BENJAMIN J. HENDRICKS (Bar #288680)
bhendricks@omm.com
14 JAMES W. CROOKS (Bar #310447)
jcrooks@omm.com
15 OMELVENY & MYERS LLP
1625 Eye Street, NW
16 Washington, DC 20006-4061
Telephone: +1 202 383 5300
17 Facsimile: +1 202 383 5414
18 MICHAEL TUBACH (Bar #145955)
mtubach@omm.com
19 OMELVENY & MYERS LLP
Two Embarcadero Center, 28th Fl.
20 San Francisco, CA 94111-2823
Telephone: +1 415 984 8700
21 Facsimile: +1 415 984 8701
22 Attorneys for Amici Curiae
Samsung Electronics Co. Ltd.
23 Samsung Semiconductor, Inc.
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28 CERTIFICATE OF SERVICE
ACCOMPANYING MOTION FOR LEAVE
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TO FILE BRIEF OF AMICI CURIAE
5:17-CV-00220-LHK