2012-1548, -1549
United States Court of Appeals for the Federal Circu
it
APPLE INC. and NEXT SOFTWARE, INC. (formerly known as NeXT Computer, Inc.),
Plaintiffs-Appellants, v.
MOTOROLA, INC. (now known as Motorola Solutions, Inc.) and MOTOROLA MOBILITY, INC.,
Defendants-Cross Appellants. Appeals from the United States District Court for the Northern District of Illinois in case no. 11-CV-8540, Judge Richard A. Posner.
BRIEF
OF
AMICI
CURIAE
ALTERA
CORPORATION,
CISCO
SYSTEMS,
INC.,
CME
GROUP,
INC.,
GARMIN
INTERNATIONAL,
INC.,
HEWLETT-PACKARD
COMPANY,
LOGITECH
INC.,
NEST
LABS,
INC.,
NETGEAR,
INC.,
NEWEGG,
INC.,
RACKSPACE
HOSTING,
INC.,
SAFEWAY
INC.,
SAS
INSTITUTE
INC.,
SYMANTEC
CORPORATION,
WAL-MART
STORES,
INC.,
AND
XILINX,
INC.
REGARDING
STANDARDS
ON
DAMAGES
IN
SUPPORT
OF
NEITHER
PARTY
Debra J. McComas David L. McComas
H
AYNES
A
ND
B
OONE
,
LLP
2323 Victory Ave., Suite 700 Dallas, TX 75219 (214) 651-5375 Debbie.McComas@haynesboone.com David.McComas@haynesboone.com
Counsel for Amici Curiae: Altera Corporation; CME Group, Inc.; Cisco Systems, Inc.; Garmin International, Inc.; Hewlett Packard Company; Netgear, Inc.; Newegg Inc.; Rackspace Hosting, Inc.; SAS Institute Inc.; Safeway Inc.; Symantec Corporation; Xilinx, Inc.; and Wal-Mart Stores, Inc.
Marta Beckwith
C
ISCO
S
YSTEMS
,
I
NC
.
170 West Tasman Drive San Jose, CA 95134 Phone: (408) 527-4978 mabeckwi@cisco.com
Counsel for Amicus Curiae Cisco Systems, Inc.
Elizabeth Launer
L
OGITECH
I
NC
.
7600 Gateway Blvd. Newark, CA 94560 Phone: (510) 713-5156 Llauner@logitech.com
Counsel for Amicus Curiae Counsel for Logitech, Inc.
Richard J. Lutton, Jr.
N
EST
L
ABS
,
I
NC
.
900 Hansen Way Palo Alto, CA 94304 Phone: (650) 823-0698 rlutton@mac.com
Counsel for Amicus Curiae Nest Labs, Inc..
December 4, 2012
C
OUNSEL
P
RESS
,
LLC
(202)
783-7288
*
(888)
277-3259
245001
i
CERTIFICATE OF INTEREST
Pursuant to Circuit Rules 21(a)(2) and 47.4(a)(1), counsel for the amicuscuriae certify the following:1. The full name of every party represented by me is:Logitech Inc.2. The name of the real party in interest (if the party named in thecaption is not the real party in interest) represented by me is:n/a3. All parent corporations and any publicly held companies that own 10 percent or more of the stock of the party represented by me are:Logitech Inc. is a wholly-owned subsidiary of Logitech International S.A. No public company owns more than 10% of the stock of LogitechInternational S.A.4. The names of all law firms and the partners or associates thatappeared for the party now represented by me in the trial court or agency or areexpected to appear in this court are:Elizabeth Launer, Logitech Inc.Dated: December 4, 2012
by: /s/ Elizabeth Launer
Elizabeth Launer
ii
CERTIFICATE OF INTEREST
Pursuant to Circuit Rules 21(a)(2) and 47.4(a)(1), counsel for the amicuscuriae certify the following:1. The full name of every party represented by me is: Nest Labs, Inc.2. The name of the real party in interest (if the party named in thecaption is not the real party in interest) represented by me is:n/a3. All parent corporations and any publicly held companies that own 10 percent or more of the stock of the party represented by me are: None, except as follows:A venture investment arm of Google, Inc. owns more than 10% of NestLabs, Inc.4. The names of all law firms and the partners or associates thatappeared for the party now represented by me in the trial court or agency or areexpected to appear in this court are:Richard J. Lutton, Jr., Nest Labs, Inc.Dated: December 4, 2012
by: /s/ Richard J. Lutton, Jr.
Richard J. Lutton, Jr.