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

Filing 9

NOTICE OF TUNNEY ACT REQUIREMENTS by ADOBE SYSTEMS, INC.. (Wager-Zito, Adrian)

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

Doc. 9

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Plaintiff, v. ADOBE SYSTEMS, INC.; APPLE INC.; GOOGLE, INC.; INTEL CORPORATION; INTUIT, INC.; and PIXAR Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 1:10-cv-01629 Filed: Sept. 24, 2010 Judge: Kollar-Kotelly, Colleen Description: Antitrust

DESCRIPTION OF WRITTEN OR ORAL COMMUNICATIONS CONCERNING THE PROPOSED FINAL JUDGMENT IN THIS ACTION AND CERTIFICATION OF COMPLIANCE UNDER 15 U.S.C. § 16(g) BY ADOBE SYSTEMS, INC. Pursuant to Section 2(g) of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(g), defendant Adobe Systems, Inc. ("Adobe"), by its attorneys, submits this pleading to describe all written or oral communications by or on behalf of Adobe with any officer or employee of the United States concerning the proposed Final Judgment filed in this action on September 24, 2010. In accordance with Section 2(g), this description excludes any communications "made by counsel of record alone with the Attorney General or the employees of the Department of Justice alone." 15 U.S.C. § 16(g). To the best of Adobe's knowledge, after appropriate inquiry, there have been no written or oral communications by or on behalf of Adobe with any officer or employee of the United States concerning the proposed Final Judgment, except for communications between counsel of record for Adobe and employees of the Department of Justice Antitrust Division. Adobe

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therefore certifies that the requirements of Section 2(g) have been complied with and that this description of communications by or on behalf of Adobe and required to be reported under Section 2(g) is true and complete. Respectfully submitted, /s/ Adrian Wager-Zito______________ Adrian Wager-Zito, Esq. D.C. Bar No. 413287 JONES DAY 51 Louisiana Ave. NW Washington, D.C. 20001 Telephone: [phone] Fax: [phone] Email: [e-mail] Karen Cottle, Esq. ADOBE SYSTEMS, INC. 345 Park Avenue San Jose, CA 95110 [phone] Craig A. Waldman, Esq. JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Fax: [phone] Email: [e-mail] Counsel for Adobe Systems, Inc. October 4, 2010

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Description of Written or Oral Communications Concerning the Proposed Final Judgment in This Action and Certification of Compliance Under 15 U.S.C. § 16(g) by Adobe Systems, Inc. was served electronically by means of the Court's ECF system and by first-class mail this fourth day of October 2010 upon each of the parties listed below: FOR THE UNITED STATES Ryan Struve, Esq. Trial Attorney Networks & Technology Section U.S. Department of Justice Antitrust Division 450 5th St., NW Washington, DC 20530 Telephone: [phone] Facsimile: [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]

FOR DEFENDANT INTEL CORPORATION Leon B. Greenfield, Esq. WilmerHale 1875 Pennsylvania Avenue, N.W. Washington, D.C. 20006 Telephone: [phone] Fax: [phone] Email: [e-mail] FOR DEFENDANT INTUIT, INC. Joe Sims, Esq. Jones Day 51 Louisiana Avenue, N.W. Washington, D.C. 20001 Telephone: [phone] Fax: [phone] Email: [e-mail] FOR DEFENDANT PIXAR Deborah A. Garza, Esq. Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Telephone: [phone] Fax: [phone] Email: [e-mail] _/s/ Adrian Wager-Zito____ Adrian Wager-Zito, Esq. D.C. Bar No. 413287 JONES DAY 51 Louisiana Ave. NW Washington, D.C. 20001 Telephone: [phone] Fax: [phone] Email: [e-mail] Counsel for Adobe Systems, Inc.

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