UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
MICROSOFT CORPORATION, ) ) Plaintiff, ) ) v. ) Case No. 1:13-1063-RWR ) DEPARTMENT OF HOMELAND ) SECURITY,
ET AL
., ) ) Defendants, ) ) and ) ) MOTOROLA MOBILITY LLC, ) ) Defendant-Intervenor. )
MOTION BY THE UNITED STATES INTERNATIONAL TRADE COMMISSION TO PARTICIPATE AS
AMICUS CURIAE
IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS
The United States International Trade Commission (“the Commission”) respectfully requests leave to file the attached proposed brief as
amicus curiae
in support of Defendants’ arguments that the Commission has primary jurisdiction over this dispute. As explained in the proposed brief, Microsoft’s civil action asks this Court to interpret and enforce a Commission remedial order issued at the conclusion of Commission Investigation No. 337-TA-744,
Certain Mobile Devices, Associated Software, and Components Thereof
. The Commission is in the best position to interpret and enforce its own order. Granting the Commission’s request to participate as
amicus
would not unduly delay the disposition of this case, nor would it otherwise disrupt the course of these proceedings. To the contrary, it would enable the court to hear the perspective of the tribunal that issued the order for which Microsoft here seeks collateral review. The Commission has conferred with counsel for
Case 1:13-cv-01063-RWR Document 54 Filed 09/23/13 Page 1 of 2
2 all parties (plaintiff Microsoft Corp., the Government defendants, and intervenor-defendant Motorola Mobility LLC) regarding this Motion. No party objects to the Commission participating as
amicus
in this case. For the reasons stated above and those included in the proposed brief as
amicus curiae
, the Commission respectfully requests that its Motion for Leave to Participate as
Amicus Curiae
be granted. A proposed Order is attached. Respectfully submitted, /s/ Panyin A. Hughes ____________________________________ PAUL R. BARDOS Acting General Counsel WAYNE W. HERRINGTON Assistant General Counsel SIDNEY A. ROSENZWEIG (D.C. Bar No. 460778) Attorney Advisor PANYIN A. HUGHES (D.C. Bar No. 499555) Attorney Advisor Office of the General Counsel U.S. International Trade Commission 500 E St., S.W. Washington, DC 20436 Tel: (202) 205-3042 Email: panyin.hughes@usitc.gov Dated: September 23, 2013 Attorneys for the United States International Trade Commission
Case 1:13-cv-01063-RWR Document 54 Filed 09/23/13 Page 2 of 2
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
MICROSOFT CORPORATION, ) ) Plaintiff, ) ) v. ) Case No. 1:13-1063-RWR ) DEPARTMENT OF HOMELAND ) SECURITY,
ET AL
., ) ) Defendants, ) ) and ) ) MOTOROLA MOBILITY LLC, ) ) Defendant-Intervenor. )
PROPOSED BRIEF
AMICUS CURIAE
OF THE UNITED STATES INTERNATIONAL TRADE COMMISSION IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS
PAUL R. BARDOS Acting General Counsel WAYNE W. HERRINGTON Assistant General Counsel SIDNEY A. ROSENZWEIG (D.C. Bar No. 460778) Attorney Advisor PANYIN A. HUGHES (D.C. Bar No. 499555) Office of the General Counsel U.S. International Trade Commission 500 E St., S.W. Washington, DC 20436 Tel: (202) 205-3042 Email: panyin.hughes@usitc.gov Dated: September 23, 2013 Attorneys for the United States International Trade Commission
Case 1:13-cv-01063-RWR Document 54-1 Filed 09/23/13 Page 1 of 15