MDY Industries, LLC v. Blizzard Entertainment, Inc., et al

Filing 16

Filed (ECF) Software and Information Industry Association Motion to extend time to file amicus brief until 11/20/2009 at 05:00 pm. Date of service: 10/28/2009. [7110988]--[COURT UPDATE: Spread filing to 09-16044. 10/28/2009 by MA] (SEB)

MDY Industries, LLC v. Blizzard Entertainment, Inc., et al

Doc. 16 Att. 1

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MDY INDUSTRIES LLC AND MICHAEL DONNELLY, Plaintiffs-Appellants v. BLIZZARD ENTERTAINMENT, INC. AND VIVENDI GAMES, INC., Defendants-Appellees. I, the undersigned, declare under penalty of perjury: 1. I am the Litigation Counsel of the Software & Information Industry Declaration of Scott Bain In Support of Amicus Software & Information Industry Association's Motino for Two Week Extension

No. 09-15932 No. 09-16044

Association (SIIA). SIIA is the principal trade association of the U.S. software and information industry, and includes several hundred member companies. 2. I am a member of the bars of the District of Columbia and the U.S. Court

of Appeals for the Ninth Circuit (among others), and will be SIIA's counsel of record as amicus in the above captioned case. 3. The amicus brief of SIIA in support of Appellee presently is due Friday

November 6, 2009. 4. 2009. 5. The extension is necessary because (i) SIIA is in the process of collecting SIIA's Motion seeks a two week extension, to Friday November 20,

detailed information from its member companies that is relevant to this case, will be

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used in its brief, and will be useful to this Court in assessing the copyright and licensing issues raised in this important case, (ii) I have been and will continue to be out of the office on travel for a substantial part of October and the first ten days of November. This travel includes (among other matters) multiple meetings with SIIA member companies on both coasts, to collect and discuss the aforementioned information, and obtain their input. 6. SIIA has exercised, and will continue to exercise, diligence in collecting

the information and research to be used in its brief, and drafting the brief, and will file the brief within the time requested in its Motion if granted. 7. Appellee Blizzard et al. has consented to SIIA's requested extension.

Appellant MDY consents to an extension of up to a week, but objects to the two weeks SIIA requests. As SIIA understands it, MDY is concerned about the effect on its reply due date and how it would relate to its attorneys' schedules. I had indicated to MDY, with Blizzard's consent, that Blizzard would also consent to extending MDY's reply date if the new due date were problematic. My understanding is that this did not change MDY's position. 8. This case raises issues that are very important to the SIIA, the software

industry and its member companies. SIIA has significant experience dealing with some of the issues raised in this case, believes its views will be useful to the Court,

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and desires to be heard in this matter. For the reasons set forth above, SIIA has substantial need for the requested two-week extension.

Respectfully submitted, SIIA By: ____________s/_ Scott Bain_____ Scott E. Bain Software & Information Industry Association 1090 Vermont Av. NW, Suite 600 Washington, DC 20005 Telephone: [phone] Facsimile: 202.289-7442 Counsel for SIIA

Dated: October 28, 2009

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CERTIFICATE OF SERVICE I hereby certify that on October 28, 2009, I electronically filed the foregoing Amicus Software & Information Industry Association's Motion For Two-Week Extension to Submit Amicus Brief with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. s/ Scott Bain Counsel for SIIA

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