Case 5:17-cv-00220-LHK Document 90 Filed 05/12/17 Page 1 of 6

1 IAN SIMMONS (pro hac vice application pending)
isimmons@omm.com
2 BENJAMIN J. HENDRICKS (Bar #288680)
bhendricks@omm.com
3 JAMES W. CROOKS (Bar #310447)
jcrooks@omm.com
4 O’MELVENY & MYERS LLP
1625 Eye Street, NW
5 Washington, DC 20006-4061
Telephone: +1 202 383 5300
6 Facsimile: +1 202 383 5414
7 MICHAEL TUBACH (Bar #145955)
mtubach@omm.com
8 O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Fl.
9 San Francisco, CA 94111-2823
Telephone: +1 415 984 8700
10 Facsimile: +1 415 984 8701
11 Attorneys for Amici Curiae
Samsung Electronics Co. Ltd.
12 Samsung Semiconductor, Inc.
13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA,
15
SAN JOSE DIVISION
16

17 FEDERAL TRADE COMMISSION, Case No. 5:17-cv-00220-LHK
18 Plaintiff, NOTICE OF MOTION AND MOTION
FOR LEAVE TO FILE BRIEF OF
19 v. AMICI CURIAE SAMSUNG
ELECTRONICS CO. LTD. AND
20 QUALCOMM INCORPORATED, a Delaware SAMSUNG SEMICONDUCTOR, INC.
corporation, IN SUPPORT OF THE FTC’S
21 OPPOSITION TO QUALCOMM’S
Defendant. MOTION TO DISMISS
22
Date: June 15, 2017
23 Time: 1:30 PM
Place: San Jose Courthouse, Courtroom 8
24 Judge: Hon. Lucy Koh
25 Filing: May 12, 2017
Trial Date: Jan. 4, 2018
26

27
28
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

1 NOTICE OF MOTION AND MOTION
2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
3 PLEASE TAKE NOTICE THAT Samsung Electronics Co. Ltd. (“SEC”) and Samsung
4 Semiconductor, Inc. (“SSI”) (collectively “Samsung”) hereby move the Court for leave to file a
5 brief as amici curiae supporting the Federal Trade Commission’s (“FTC”) opposition to
6 Qualcomm Incorporated’s (“Qualcomm”) motion to dismiss. See Defendant Qualcomm
7 Incorporated’s Motion to Dismiss and Memorandum of Points and Authorities in Support, ECF
8 No. 69 (Apr. 3, 2017). The proposed amicus brief is attached to this motion as Attachment 1. 1 A
9 proposed order granting this motion is attached as Attachment 2. Counsel for Samsung has
10 consulted with counsel for the parties as to whether they consent to Samsung’s motion for leave
11 to file a brief as amici curiae in the above-captioned matter. Counsel for the FTC does not
12 oppose Samsung’s request to file the attached brief. Counsel for Qualcomm has advised that
13 Qualcomm will defer to the Court’s discretion on Samsung’s motion for leave to file an amicus
14 brief but requests that, if the Court grants the motion, Qualcomm be given two additional pages in
15 its reply brief on the motion to dismiss, to be used only if and as necessary to respond to
16 statements or arguments made by Samsung. Accordingly, Samsung respectfully asks this Court
17 to grant it leave to file the attached brief as amici curiae.
18 MEMORANDUM OF POINTS OF AUTHORITIES
19 SEC is one of the world’s leading manufacturers of consumer electronic products,
20 including smartphone and tablet handsets such as its flagship Galaxy S-series smartphones. SEC

21 is also a leading innovator, obtaining more U.S. patents in 2016 than any other company. 2 SEC

22 and its subsidiaries participate in—and contribute technologies to—numerous standard setting
23 organizations (“SSOs”), including the European Telecommunications Standards Institute
24 1
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.
28
MOTION FOR LEAVE TO FILE BRIEF OF
1 AMICI CURIAE
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 Qualcomm’s 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 world’s 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 Comm’n, 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
26

27 3
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 Earth—and 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 (SEC’s handset manufacturing business) and an excluded
9 competitor (SSI’s 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 Qualcomm’s conduct on competition in the upstream market to make
12 and sell chipsets and in the downstream handset market. Because of amici’s deep involvement in
13 these markets and their experience with—and participation in—standard-setting processes
14 coupled with their insight into (and ongoing firsthand experience with) the impact of Qualcomm’s
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.
17

18

19

20

21

22

23
4
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.
25 5
Id.
6
26 FTC Staff Report, Internet of Things: Privacy & Security in a Connected World, at i (Jan. 2015),
available at https://goo.gl/SBCcDl.
7
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
3 AMICI CURIAE
5:17-CV-00220-LHK
Case 5:17-cv-00220-LHK Document 90 Filed 05/12/17 Page 5 of 6

1 Dated: May 12, 2017
2 Respectfully Submitted,
3
IAN SIMMONS
4 O’MELVENY & MYERS LLP
5

6 By: /s/ Ian Simmons
7 IAN SIMMONS (pro hac vice application
pending)
8 isimmons@omm.com
BENJAMIN J. HENDRICKS (Bar #288680)
9 bhendricks@omm.com
JAMES W. CROOKS (Bar #310447)
10 jcrooks@omm.com
O’MELVENY & MYERS LLP
11 1625 Eye Street, NW
Washington, DC 20006-4061
12 Telephone: +1 202 383 5300
Facsimile: +1 202 383 5414
13
MICHAEL TUBACH (Bar #145955)
14 mtubach@omm.com
O’MELVENY & MYERS LLP
15 Two Embarcadero Center, 28th Fl.
San Francisco, CA 94111-2823
16 Telephone: +1 415 984 8700
Facsimile: +1 415 984 8701
17
Attorneys for Amici Curiae
18 Samsung Electronics Co. Ltd.
Samsung Semiconductor, Inc.
19

20

21

22

23

24

25

26

27
28
MOTION FOR LEAVE TO FILE BRIEF OF
4 AMICI CURIAE
5:17-CV-00220-LHK
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 FTC’s Opposition to Qualcomm’s Motion to Dismiss to be filed via the court’s CM/ECF system,
5 which shall send notice to the counsel of record for the parties.
6
Dated: May 12, 2017 Respectfully Submitted,
7

8 IAN SIMMONS
O’MELVENY & MYERS LLP
9

10
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 O’MELVENY & 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 O’MELVENY & 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.
24

25

26

27
28 CERTIFICATE OF SERVICE
ACCOMPANYING MOTION FOR LEAVE
1
TO FILE BRIEF OF AMICI CURIAE
5:17-CV-00220-LHK

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