UNITED STATES OF AMERICA v. ADOBE SYSTEMS, INC. et al

Filing 3

STIPULATION by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A)(td, )

UNITED STATES OF AMERICA v. ADOBE SYSTEMS, INC. et al

Doc. 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, U.S. Department of Justice Antitrust Division 450 Fifth Street, N.W., Suite 7100 Washington, DC 20530, Plaintiff, v. ADOBE SYSTEMS, INC. 345 Park Avenue San Jose, CA 95110; APPLE INC. 1 Infinite Loop Cupertino, CA 95014; GOOGLE INC. 1600 Amphitheater Parkway Mountain View, CA 94043; INTEL CORPORATION 2200 Mission College Boulevard Santa Clara, CA 95054; INTUIT, INC. 2632 Marine Way Mountain View, CA 94043; and PIXAR 1200 Park Avenue Emeryville, CA 94608, Defendants.

STIPULATION

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It is stipulated by and between the undersigned parties, through their respective attorneys, that: 1. For the specific and limited purpose of this Final Judgment, Defendants waive

any objections to venue or jurisdiction and waive service of summons on the Complaint. 2. By stipulating to this Final Judgment, the parties agree that Defendants are not

waiving their ability to raise any and all challenges to venue and jurisdiction in the District of Columbia in any future litigation. Except for an action to enforce the Stipulation and Final Judgment, the parties agree that the United States will not use the Stipulation and Final Judgment in this matter as a basis to establish personal jurisdiction over Defendants in any future action or proceeding of any type in the District of Columbia. 3. The parties stipulate that the Court may file and enter a Final Judgment in the

form attached hereto as Exhibit A, upon the motion of any party or upon the Court's own motion, at any time after compliance with the requirements of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. § 16, and without further notice to any party or other proceedings, provided that the United States has not withdrawn its consent, which it may do at any time before the entry of the proposed Final Judgment by serving notice thereof on Defendants and by filing that notice with the Court. 4. In the event: (1) the United States withdraws its consent or (2) the proposed Final

Judgment is not entered pursuant to this Stipulation, the time has expired for all appeals of any Court ruling declining entry of the proposed Final Judgment, and the Court has not otherwise ordered continued compliance with the terms and provisions of the proposed Final Judgment,

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CERTIFICATE OF SERVICE I, Ryan Struve, hereby certify that on September 24th, 2010, I caused a copy of the Stipulation to be served on Defendants Adobe Systems, Inc., Apple, Inc., Google, Inc., Intel Corporation, Intuit, Inc., and Pixar by mailing the document via email to the duly authorized legal representatives of the defendants, as follows: FOR DEFENDANT ADOBE SYSTEMS, INC. Craig A. Waldman, Esq. Jones Day 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Fax: [phone] Email: [e-mail] FOR DEFENDANT APPLE, INC. Richard Parker, Esq. O'Melveny & Myers LLP 1625 Eye Street, N.W. Washington, D.C. 20006 Telephone: [phone] Fax: [phone] Email: [e-mail] FOR DEFENDANT GOOGLE, INC. Mark Leddy, Esq. Cleary Gottlieb Steen & Hamilton LLP 2000 Pennsylvania Avenue, N.W. Washington, D.C. 20006 Telephone: [phone] Fax: [phone] Email: [e-mail]

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