FTC v. Microsoft Corporation, et al
Plaintiff / Appellant: FEDERAL TRADE COMMISSION
Defendant / Appellee: MICROSOFT CORPORATION and ACTIVISION BLIZZARD, INC.
Amicus Curiae: LAW PROFESSORS, FORMER STATE ATTORNEYS GENERAL, JAHNA LINDERMUTH, DOUG PETERSON, HERBERT H. SLATERY III, and JOHN SUTHERS, BUSINESS ROUNDTABLE, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, COMMUNICATIONS WORKERS OF AMERICA, AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, CURVE GAMES, FINJI, IAM8BIT, STRANGE SCAFFOLD, and STUDIO WILDCARD, VENTURE CAPITAL FIRMS, LAUNCH BAY CAPITAL, MADRONA VENTURE GROUP, MARQUE VENTURE CAPTIAL, ORIGINS FUND, SPICE CAPITAL, SYMPHONIC CAPITAL, and TRILOGY EQUITY PARTNERS, LLC, FORMER ANTITRUST ENFORCERS, ALDEN ABBOTT, DEBORAH GARZA, RENATA HESSE, ABBOTT B. "TAD" LIPSKY, JR., TERRELL MCSWEENY, CHARLES F. "RICK" RULE, JEFFREY SCHMIDT, and MARK WHITENER, ECONOMISTS AND ANTITRUST SCHOLARS, MATTHEW BACKUS, DONALD J. BOUDREAUX, VIVEK GHOSAL, JUSTIN (GUS) HURWITZ, GINGER JIN, GEOFFREY A. MANNE, MICHAEL SYKUTA, STEVEN TADELIS, and GUOFU TAN and TECHFREEDOM
Case Number: 23-15992
Filed: July 13, 2023
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Antitrust
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Docket Report

This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2023 Filing 113 Filed clerk order: The redacted reply brief [ # 112 ] submitted by FTC is filed. No paper copies are required at this time. [12823254] (KT) [Entered: 11/13/2023 02:45 PM]
November 13, 2023 Filing 112 Submitted (ECF) Reply Brief for review. Submitted by Appellant FTC. Date of service: 11/13/2023. [12823233] [23-15992] (Hegedus, Mark) [Entered: 11/13/2023 02:32 PM]
November 7, 2023 Filing 111 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Imad Dean Abyad for Appellant FTC. Hearing in San Francisco on 12/06/2023 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/07/2023. [12820994] [23-15992] (Abyad, Imad) [Entered: 11/07/2023 01:26 PM]
October 18, 2023 Filing 110 Filed (ECF) Appellant FTC citation of supplemental authorities. Date of service: 10/18/2023. [12811662] [23-15992] (Abyad, Imad) [Entered: 10/18/2023 01:44 PM]
October 13, 2023 Filing 109 Filed (ECF) Appellees Activision Blizzard, Inc. and Microsoft Corporation citation of supplemental authorities. Date of service: 10/13/2023. [12809735] [23-15992] (Kilaru, Rakesh) [Entered: 10/13/2023 05:32 PM]
October 10, 2023 Filing 108 Received 6 paper copies of Reply Brief [ # 96 ] filed UNDER SEAL by FTC. (sent to panel) [12807265] (SD) [Entered: 10/10/2023 01:21 PM]
October 10, 2023 Filing 107 Received 3 paper copies of further excerpts of record [ # 94 ], [ # 97 ] in 2 volumes and index volume filed by Appellant FTC. Volume 2 is filed UNDER SEAL. (sent to panel) [12807262] (SD) [Entered: 10/10/2023 01:19 PM]
October 6, 2023 Filing 106 Received 6 paper copies of Answering Brief [ # 58 ] filed UNDER SEAL by Activision Blizzard, Inc. and Microsoft Corporation. (sent to panel) [12807107] (SD) [Entered: 10/10/2023 11:05 AM]
October 6, 2023 Filing 105 Received 3 paper copies of supplemental excerpts of record [ # 59 ], [ # 56 ] in 3 volumes and index volume filed by Appellees Activision Blizzard, Inc. and Microsoft Corporation. Volume 3 is filed UNDER SEAL. (Sent to panel) [12807099] (SD) [Entered: 10/10/2023 11:03 AM]
October 4, 2023 Filing 104 Filed clerk order: The reply brief [ # 96 ] submitted by FTC is filed UNDER SEAL. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The further excerpts of record [ # 94 ], [ # 97 ] submitted by FTC are filed. Volume 2 filed UNDER SEAL. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12804471] (KWG) [Entered: 10/04/2023 02:11 PM]
October 4, 2023 Filing 103 Filed clerk order: The redacted answering brief [ # 55 ] submitted by Activision Blizzard, Inc. and Microsoft Corporation is filed. No paper copies of the redacted brief are required. [12804468] (KWG) [Entered: 10/04/2023 02:08 PM]
October 4, 2023 Filing 102 Filed clerk order: The answering brief [ # 58 ] submitted by Activision Blizzard, Inc. and Microsoft Corporation is filed UNDER SEAL. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 56 ], [ # 59 ] submitted by Activision Blizzard, Inc. and Microsoft Corporation are filed. Volume 3 filed UNDER SEAL. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12804464] (KWG) [Entered: 10/04/2023 02:04 PM]
October 4, 2023 Filing 101 Filed text clerk order (Deputy Clerk: MCD): The motion to file under seal the unredacted reply brief and volume 2 of further excerpts of record [ # 95 ], is granted. [12804448] (OC) [Entered: 10/04/2023 02:00 PM]
October 4, 2023 Filing 100 Filed text clerk order (Deputy Clerk: MCD): The motion to file under seal the unredacted answering brief and volume 3 of excerpts of record [ # 57 ], is granted. [12804438] (OC) [Entered: 10/04/2023 01:56 PM]
October 3, 2023 Filing 99 Filed (ECF) Acknowledgment of hearing notice by Attorney Rakesh Kilaru for Appellee Microsoft Corporation. Hearing in San Francisco on 12/06/2023 at 9:00 AM (Courtroom: 1). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/03/2023. [12803297] [23-15992] (Kilaru, Rakesh) [Entered: 10/03/2023 12:17 PM]
October 2, 2023 Filing 98 Filed (ECF) Errata to Reply Brief ([ # 96 ] Brief Submitted for Review (ECF Filing)). Filed by Appellant FTC. Date of service: 10/02/2023. [12802635] [23-15992] (Hegedus, Mark) [Entered: 10/02/2023 02:50 PM]
September 27, 2023 Filing 97 Submitted (ECF) UNDER SEAL further excerpts of record, volume 2. Submitted by Appellant FTC. Date of service: 09/27/2023. (Court-entered filing, excerpts of record originally submitted in [93].) [12800379] (KWG) [Entered: 09/28/2023 08:29 AM]
September 27, 2023 Filing 96 Submitted (ECF) UNDER SEAL Reply Brief for review. Submitted by Appellant FTC. Date of service: 09/27/2023. (Court-entered filing, brief originally submitted in [93].) [12800378] (KWG) [Entered: 09/28/2023 08:28 AM]
September 27, 2023 Filing 95 Filed Appellant FTC motion to file Reply Brief and Excerpts of Record, Volume 2 UNDER SEAL. Deficiencies: None. Served on 09/27/2023. (Court entered filing, originally filed in [93].) [12800376] (KWG) [Entered: 09/28/2023 08:26 AM]
September 27, 2023 Filing 94 Submitted (ECF) further excerpts of record. Submitted by Appellant FTC. Date of service: 09/27/2023. [12800339] [23-15992] (Hegedus, Mark) [Entered: 09/27/2023 08:48 PM]
September 27, 2023 Filing 93 Filed (ECF) UNDER SEAL Appellant FTC motion to file document under seal and submit sealed document. Type of document: other (Motion). Date of service: 09/27/2023. [12800338] [23-15992] (Hegedus, Mark) [Entered: 09/27/2023 08:46 PM]
September 24, 2023 Filing 92 Notice of Oral Argument on Wednesday, December 6, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Wednesday, December 6, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12797787]. [23-15992] (KS) [Entered: 09/24/2023 06:22 AM]
September 21, 2023 Filing 91 Received 6 paper copies of Amicus Brief [ # 73 ] filed by TechFreedom. [12796522] (SD) [Entered: 09/21/2023 11:44 AM]
September 19, 2023 Filing 90 Received 6 paper copies of Amicus Brief [ # 62 ] filed by Business Roundtable. [12795250] (SD) [Entered: 09/19/2023 03:56 PM]
September 19, 2023 Filing 89 Received 6 paper copies of Amicus Brief [ # 72 ] filed by Economists and Antitrust Scholars. [12795244] (SD) [Entered: 09/19/2023 03:53 PM]
September 18, 2023 Filing 88 Received 6 paper copies of Amicus Brief [ # 68 ] filed by Communications Workers of America, et al. [12794777] (SD) [Entered: 09/19/2023 10:32 AM]
September 18, 2023 Filing 87 Received 6 paper copies of Amicus Brief [ # 70 ] filed by Venture Capital Firms. [12794772] (SD) [Entered: 09/19/2023 10:27 AM]
September 18, 2023 Filing 86 Received 6 paper copies of Amicus Brief [ # 63 ] filed by Chamber of Commerce of the United States of America. [12794765] (SD) [Entered: 09/19/2023 10:24 AM]
September 18, 2023 Filing 85 Received 6 paper copies of Amicus Brief [ # 71 ] filed by Former Antitrust Enforcers. [12794760] (SD) [Entered: 09/19/2023 10:22 AM]
September 15, 2023 Filing 84 Received 6 paper copies of Amicus Brief [ # 69 ] filed by Curve Games, et al. [12793086] (SD) [Entered: 09/15/2023 11:12 AM]
September 15, 2023 Filing 83 Received 6 paper copies of Amicus Brief [ # 60 ] filed by Former State Attorneys General. [12793078] (SD) [Entered: 09/15/2023 11:08 AM]
September 14, 2023 Filing 82 Filed (ECF) Curve Games, Finji, iam8bit, Strange Scaffold, and Studio Wildcard corporate disclosure statement. Date of service: 09/14/2023. [12792471] [23-15992] (Arbus Sherry, Melissa) [Entered: 09/14/2023 02:10 PM]
September 14, 2023 Filing 81 Added Attorney(s) Isabel Feldman for party(s) Amicus Curiae Venture Capital Firms, in case 23-15992. [12792423] (BJK) [Entered: 09/14/2023 01:21 PM]
September 14, 2023 Filing 80 ENTRY UPDATED. Added Attorney(s) Jaime Michelle Fried for party(s) Amicus Curiae Venture Capital Firms, in case 23-15992. [12792417]--[Edited 09/14/2023 by BJK] (BJK) [Entered: 09/14/2023 01:15 PM]
September 14, 2023 Filing 79 Added Attorney(s) Johan Robert Abraham for party(s) Amicus Curiae Venture Capital Firms, in case 23-15992. [12792411] (BJK) [Entered: 09/14/2023 01:12 PM]
September 14, 2023 Filing 78 Filed (ECF) notice of appearance of Isabel Feldman (Debevoise & Plimpton LLP, 66 Hudson Boulevard, New York, New York 10001) for Amicus Curiae Venture Capital Firms. Date of service: 09/14/2023. (Party was previously proceeding with counsel.) [12792395] [23-15992] (Feldman, Isabel) [Entered: 09/14/2023 01:01 PM]
September 14, 2023 Filing 77 Filed (ECF) notice of appearance of Jaime M. Freilich-Fried (Debevoise & Plimpton LLP 66 Hudson Boulevard New York, New York 10001) for Amicus Curiae Venture Capital Firms. Date of service: 09/14/2023. (Party was previously proceeding with counsel.) [12792380] [23-15992] (Fried, Jaime) [Entered: 09/14/2023 12:47 PM]
September 14, 2023 Filing 76 Filed (ECF) notice of appearance of J. Robert Abraham (Debevoise & Plimpton LLP 66 Hudson Boulevard New York, New York 10001) for Amicus Curiae Venture Capital Firms. Date of service: 09/14/2023. (Party was previously proceeding with counsel.) [12792367] [23-15992] (Abraham, Johan) [Entered: 09/14/2023 12:42 PM]
September 14, 2023 Filing 75 Filed clerk order: The amicus briefs [ # 68 ], [ # 69 ], [ # 70 ], [ # 71 ], [ # 72 ], [ # 73 ] submitted by Amici Curiae AFL-CIO, Communications Workers of America, Curve Games, et al., Economists and Antitrust Scholars, Former Antitrust Enforcers, TechFreedom and Venture Capital Firms are filed. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the amicus brief(s) must be green. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12792316] (KWG) [Entered: 09/14/2023 12:09 PM]
September 14, 2023 Filing 74 Entered appearance of Amici Curiae Communications Workers of America, AFL-CIO, Curve Games, et al., Former Antitrust Enforcers, Economists and Antitrust Scholars, TechFreedom and Venture Capital Firms. [12792309] (KWG) [Entered: 09/14/2023 12:03 PM]
September 13, 2023 Filing 73 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by TechFreedom. Date of service: 09/13/2023. [12792027] [23-15992] (Sayyed, Bilal) [Entered: 09/13/2023 09:20 PM]
September 13, 2023 Filing 72 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Economists and Antitrust Scholars. Date of service: 09/13/2023. [12792026] [23-15992] (Foster, Dana) [Entered: 09/13/2023 09:08 PM]
September 13, 2023 Filing 71 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Former Antitrust Enforcers. Date of service: 09/13/2023. [12792020] [23-15992] (Panner, Aaron) [Entered: 09/13/2023 08:13 PM]
September 13, 2023 Filing 70 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by VENTURE CAPITAL FIRMS. Date of service: 09/13/2023. [12792019] [23-15992] (Hassi, Edward) [Entered: 09/13/2023 07:51 PM]
September 13, 2023 Filing 69 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Curve Games, Finji, iam8bit, Strange Scaffold, and Studio Wildcard. Date of service: 09/13/2023. [12792014] [23-15992] (Arbus Sherry, Melissa) [Entered: 09/13/2023 07:08 PM]
September 13, 2023 Filing 68 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Amici Curiae Brief of Communications Workers of America and the American Federation of Labor and Congress of Industrial Organizations in Support of Appellees. Date of service: 09/13/2023. [12791939] [23-15992] (Grunes, Allen) [Entered: 09/13/2023 05:02 PM]
September 13, 2023 Filing 67 Filed clerk order: The amicus brief [ # 63 ] submitted by Chamber of Commerce of the United States of America is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12791792] (KWG) [Entered: 09/13/2023 03:29 PM]
September 13, 2023 Filing 66 Filed clerk order: The amicus brief [ # 62 ] submitted by Business Roundtable is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12791789] (KWG) [Entered: 09/13/2023 03:28 PM]
September 13, 2023 Filing 65 Filed clerk order: The amicus brief [ # 60 ] submitted by Former State Attorneys General is filed. Within 7 days of the filing of this order, filers are ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12791784] (KWG) [Entered: 09/13/2023 03:25 PM]
September 13, 2023 Filing 64 Entered appearance of Amici Curiae Business Roundtable and Chamber of Commerce of the United States of America. [12791782] (KWG) [Entered: 09/13/2023 03:24 PM]
September 13, 2023 Filing 63 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Chamber of Commerce of the United States of America. Date of service: 09/13/2023. [12791762] [23-15992] (Harris, Jeffrey) [Entered: 09/13/2023 03:09 PM]
September 13, 2023 Filing 62 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Business Roundtable. Date of service: 09/13/2023. [12791742] [23-15992] (Ohlhausen, Maureen) [Entered: 09/13/2023 02:51 PM]
September 13, 2023 Filing 61 Entered appearance of Amicus Curiae Former State Attorneys General. [12791735] (KWG) [Entered: 09/13/2023 02:43 PM]
September 13, 2023 Filing 60 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Former State Attorneys General. Date of service: 09/13/2023. [12791668] [23-15992] (Thomas, Jeane) [Entered: 09/13/2023 02:00 PM]
September 6, 2023 Filing 59 Submitted (ECF) UNDER SEAL supplemental excerpts of record, volume 3. Submitted by Appellees Activision Blizzard, Inc. and Microsoft Corporation. Date of service: 09/06/2023. (Court-entered filing, excerpts of record originally submitted in [54].) [12788674] (KWG) [Entered: 09/08/2023 08:10 AM]
September 6, 2023 Filing 58 Submitted (ECF) UNDER SEAL Answering Brief for review. Submitted by Appellees Activision Blizzard, Inc. and Microsoft Corporation. Date of service: 09/06/2023. (Court-entered filing, brief originally submitted in [54].) [12788673] (KWG) [Entered: 09/08/2023 08:08 AM]
September 6, 2023 Filing 57 Filed Appellees Activision Blizzard, Inc. and Microsoft Corporation motion to file Answering Brief and Supplemental Excerpts, Volume 3, UNDER SEAL. Deficiencies: None. Served on 09/06/2023. (Court entered filing, originally filed in [54].) [12788672] (KWG) [Entered: 09/08/2023 08:07 AM]
September 6, 2023 Filing 56 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Activision Blizzard, Inc. and Microsoft Corporation. Date of service: 09/06/2023. [12787807] [23-15992]--[COURT UPDATE: Attached corrected PDF of the index vol, and vols 1-2. 09/08/2023 by KWG] (Kilaru, Rakesh) [Entered: 09/06/2023 06:50 PM]
September 6, 2023 Filing 55 Submitted (ECF) Answering Brief for review. Submitted by Appellees Activision Blizzard, Inc. and Microsoft Corporation. Date of service: 09/06/2023. [12787806] [23-15992]--[COURT UPDATE: Attached corrected PDF of the redacted brief. 09/08/2023 by KWG] (Kilaru, Rakesh) [Entered: 09/06/2023 06:47 PM]
September 6, 2023 Filing 54 Filed (ECF) UNDER SEAL Appellees Activision Blizzard, Inc. and Microsoft Corporation motion to file document under seal and submit sealed document. Type of document: other (Brief and Volume 3 of Excerpts of Records). Date of service: 09/06/2023. [12787800] [23-15992]--[COURT UPDATE: Attached corrected PDF of the motion, brief, and vol 3. 09/08/2023 by KWG] (Kilaru, Rakesh) [Entered: 09/06/2023 06:31 PM]
September 6, 2023 Filing 53 Added Attorney(s) Jennifer Harring Pavelec for party(s) Appellee Microsoft Corporation, in case 23-15992. [12787460] (BJK) [Entered: 09/06/2023 01:48 PM]
September 6, 2023 Filing 52 Filed (ECF) notice of appearance of Jenna H. Pavelec (Wilkinson Stekloff LLP 2001 M Street NW Floor 10th Washington, DC 20036) for Appellee Microsoft Corporation. Date of service: 09/06/2023. (Party was previously proceeding with counsel.) [12787402] [23-15992] (Pavelec, Jennifer) [Entered: 09/06/2023 01:06 PM]
August 31, 2023 Filing 51 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12784686] (CL) [Entered: 08/31/2023 02:32 PM]
August 31, 2023 Filing 50 Received 6 paper copies of Opening Brief [ # 43 ] filed UNDER SEAL by FTC. [12784547] (SD) [Entered: 08/31/2023 12:31 PM]
August 31, 2023 Filing 49 Received 3 paper copies of excerpts of record [ # 35 ], [ # 44 ] in 3 volume(s) and index volume filed by Appellant FTC. Volume 3 is filed UNDER SEAL. [12784546] (SD) [Entered: 08/31/2023 12:29 PM]
August 29, 2023 Filing 48 Filed clerk order: The redacted opening brief [ # 47 ] submitted by FTC is filed. No paper copies of the redacted brief are required at this time. [12783127] (KWG) [Entered: 08/29/2023 04:45 PM]
August 28, 2023 Filing 47 Submitted (ECF) Opening Brief for review. Submitted by Appellant FTC. Date of service: 08/28/2023. [12781879] [23-15992] (Abyad, Imad) [Entered: 08/28/2023 02:01 PM]
August 28, 2023 Filing 46 Filed clerk order: The opening brief [43] submitted by FTC is filed UNDER SEAL. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 35 ], [44] submitted by FTC are filed. Volume 3 filed UNDER SEAL. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12781869] (KWG) [Entered: 08/28/2023 01:54 PM]
August 28, 2023 Filing 45 Received 6 paper copies of Amicus Brief [ # 36 ] filed by Law Professors. [12781766] (SD) [Entered: 08/28/2023 12:35 PM]
August 25, 2023 Filing 44 Submitted (ECF) UNDER SEAL excerpts of record Vol 3. Submitted by Appellant FTC. Date of service: 08/09/2023. (Court-entered filing, excerpts of record originally submitted in [ # 34 ].) [12781337] (WL) [Entered: 08/25/2023 04:58 PM]
August 25, 2023 Filing 43 Submitted (ECF) UNDER SEAL Opening Brief for review. Submitted by Appellant FTC. Date of service: 08/09/2023. (Court-entered filing, brief originally submitted in [ # 34 ].) [12781336] (WL) [Entered: 08/25/2023 04:56 PM]
August 25, 2023 Filing 42 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [ # 34 ]) to file under seal the unredacted opening brief and Volume 3 of the excerpts of record is granted, subject to reconsideration by the merits panel. The Clerk will publicly file the motion to seal (Docket Entry No. [ # 34 ]-1) and Volumes 1 and 2 of the excerpts of record (Docket Entry No. [ # 35 ]). The Clerk will file under seal the unredacted opening brief (Docket Entry No. [ # 34 ]-2) and Volume 3 of the excerpts of record (Docket Entry No. [ # 34 ]-3). Within 21 days of this order, appellant must submit for public filing a redacted version of the opening brief that tracks the redactions in highlighted text in Docket Entry No. [ # 34 ]-2. The page numbering and citations in the public version must remain the same as in the sealed version. The existing briefing schedule remains in effect. [12781334] (WL) [Entered: 08/25/2023 04:55 PM]
August 25, 2023 Filing 41 Filed Appellant FTC motion to file unredacted opening brief and Volume 3 of the excerpts of record UNDER SEAL. Deficiencies: None. Served on 08/09/2023. (Court-entered filing of motion submitted under seal at [ # 34 ]) [12781331] (WL) [Entered: 08/25/2023 04:52 PM]
August 24, 2023 Filing 40 Added Attorney(s) Mark S. Hegedus for party(s) Appellant FTC, in case 23-15992. [12780520] (BJK) [Entered: 08/24/2023 02:56 PM]
August 24, 2023 Filing 39 Filed (ECF) notice of appearance of Mark Stephen Hegedus (Office of the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580) for Appellant FTC. Date of service: 08/24/2023. (Party was previously proceeding with counsel.) [12780502] [23-15992] (Hegedus, Mark) [Entered: 08/24/2023 02:46 PM]
August 22, 2023 Filing 38 Filed clerk order: The amicus brief [ # 36 ] submitted by Law Professors is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12778512] (KWG) [Entered: 08/22/2023 09:57 AM]
August 22, 2023 Filing 37 Entered appearance of Amicus Curiae Law Professors. [12778510] (KWG) [Entered: 08/22/2023 09:55 AM]
August 16, 2023 Filing 36 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Law Professors in Support of Appellant. Date of service: 08/16/2023. [12775639] [23-15992]--[COURT UPDATE: Attached corrected PDF of the brief. 08/22/2023 by KWG] (Sturiale, Jennifer) [Entered: 08/16/2023 04:22 PM]
August 9, 2023 Filing 35 Submitted (ECF) excerpts of record. Submitted by Appellant FTC. Date of service: 08/09/2023. [12771608] [23-15992]--[COURT UPDATE: Attached corrected PDF of vols 1-2 and index vol. 08/11/2023 by KWG] (Abyad, Imad) [Entered: 08/09/2023 07:32 PM]
August 9, 2023 Filing 34 Filed (ECF) UNDER SEAL Appellant FTC motion to file document under seal and submit sealed document. Type of document: other (Opening Brief and Volume 3 of Excerpts of Records). Date of service: 08/09/2023. [12771607] [23-15992]--[COURT UPDATE: Attached corrected PDF of the brief and volume 3. 08/11/2023 by KWG] (Abyad, Imad) [Entered: 08/09/2023 07:26 PM]
July 26, 2023 Filing 33 Added Attorney(s) Michael Sheerin for party(s) Appellee Activision Blizzard, Inc., in case 23-15992. [12762926] (BJK) [Entered: 07/26/2023 03:53 PM]
July 26, 2023 Filing 32 Added Attorney(s) Evan Kreiner for party(s) Appellee Activision Blizzard, Inc., in case 23-15992. [12762923] (BJK) [Entered: 07/26/2023 03:51 PM]
July 25, 2023 Filing 31 Filed (ECF) notice of appearance of Michael J. Sheerin (Skadden, Arps, Slate, Meagher & Flom LLP, One Manhattan West, New York, New York 10001) for Appellee Activision Blizzard, Inc.. Date of service: 07/25/2023. (Party was previously proceeding with counsel.) [12762195] [23-15992] (Sheerin, Michael) [Entered: 07/25/2023 11:14 PM]
July 25, 2023 Filing 30 Filed (ECF) notice of appearance of Evan R. Kreiner (Skadden, Arps, Slate, Meagher & Flom LLP, One Manhattan West, New York, New York, 10001) for Appellee Activision Blizzard, Inc.. Date of service: 07/25/2023. (Party was previously proceeding with counsel.) [12762194] [23-15992] (Kreiner, Evan) [Entered: 07/25/2023 11:10 PM]
July 21, 2023 Filing 29 AMENDED MEDIATION ORDER FILED: By 07/28/2023, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12759807] (BLS) [Entered: 07/21/2023 04:07 PM]
July 21, 2023 Filing 28 MEDIATION ORDER FILED: By 07/18/2023, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12759748] (BLS) [Entered: 07/21/2023 03:18 PM]
July 17, 2023 Filing 27 The Mediation Questionnaire for this case was filed on 07/17/2023. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12756765]. [23-15992] (AD) [Entered: 07/17/2023 06:44 PM]
July 17, 2023 Filing 26 Filed (ECF) Appellant FTC Mediation Questionnaire. Date of service: 07/17/2023. [12756470] [23-15992] (Abyad, Imad) [Entered: 07/17/2023 02:39 PM]
July 14, 2023 Filing 25 Filed order (RICHARD C. TALLMAN, SANDRA S. IKUTA and DANIEL P. COLLINS): The motion to file the district courts preliminary injunction opinion under seal (Docket Entry No. [ # 20 ]) is granted. See 9th Cir. R. 27-13. The Clerk will maintain it under seal. The motion for injunctive relief (Docket Entry No. [ # 21 ]) is denied. See Fed. Trade Commn v. Warner Commcns Inc., 742 F.2d 1156, 1159-60 (9th Cir. 1984) (defining standard by which the Federal Trade Commission may obtain a preliminary injunction); see also Feldman v. Ariz. Secy of State, 843 F.3d 366, 367 (9th Cir. 2016) (discussing standard for an injunction pending appeal). The existing briefing schedule remains in effect. [12755753] (AF) [Entered: 07/14/2023 04:04 PM]
July 14, 2023 Filing 24 Added Attorney(s) Adam Banks for party(s) Appellee Microsoft Corporation, in case 23-15992. [12755377] (BJK) [Entered: 07/14/2023 11:45 AM]
July 14, 2023 Filing 23 Filed (ECF) Appellee Microsoft Corporation response opposing motion ([ # 21 ] Motion (ECF Filing), [ # 21 ] Motion (ECF Filing), [ # 20 ] Motion (Seal) (ECF Filing)). Date of service: 07/14/2023. [12755246] [23-15992] (Wilkinson, Beth) [Entered: 07/14/2023 10:15 AM]
July 14, 2023 Filing 22 Filed (ECF) notice of appearance of Adam B. Banks (Weil, Gotshal & Manges LLP, 767 Fifth Avenue, New York, NY 10153) for Appellee Microsoft Corporation. Date of service: 07/14/2023. (Party was previously proceeding with counsel.) [12755087] [23-15992] (Banks, Adam) [Entered: 07/14/2023 06:35 AM]
July 13, 2023 Filing 21 Filed (ECF) Appellant FTC EMERGENCY Motion for injunction pending appeal. Date of service: 07/13/2023. [12755075] [23-15992] (Abyad, Imad) [Entered: 07/13/2023 07:36 PM]
July 13, 2023 Filing 20 Filed (ECF) UNDER SEAL Appellant FTC motion to file document under seal and submit sealed document. Type of document: other (Preliminary Injunction Opinion - Under Seal). Date of service: 07/13/2023. [12755074] [23-15992] (Abyad, Imad) [Entered: 07/13/2023 07:32 PM]
July 13, 2023 Filing 19 Filed (ECF) notice of appearance of Imad Dean Abyad (Federal Trade Commission, 600 Pennsylvania Ave., N.W., Washington DC 20580) for Appellant FTC. Date of service: 07/13/2023. (Party was previously proceeding with counsel.) [12754996] [23-15992] (Abyad, Imad) [Entered: 07/13/2023 04:11 PM]
July 13, 2023 Filing 18 Added Attorney(s) Lucas Croslow for party(s) Appellee Microsoft Corporation, in case 23-15992. [12754903] (BJK) [Entered: 07/13/2023 03:20 PM]
July 13, 2023 Filing 17 Added Attorney(s) Daniel J. Hay for party(s) Appellee Microsoft Corporation, in case 23-15992. [12754899] (BJK) [Entered: 07/13/2023 03:18 PM]
July 13, 2023 Filing 16 Added Attorney(s) C. Frederick Beckner III for party(s) Appellee Microsoft Corporation, in case 23-15992. [12754897] (BJK) [Entered: 07/13/2023 03:16 PM]
July 13, 2023 Filing 15 Filed (ECF) notice of appearance of Lucas, Croslow (Sidley Austin LLP. 1501 K. Street N.W. Washington, D.C. 20005) for Appellee Microsoft Corporation. Date of service: 07/13/2023. (Party was previously proceeding with counsel.) [12754869] [23-15992] (Croslow, Lucas) [Entered: 07/13/2023 02:54 PM]
July 13, 2023 Filing 14 Filed (ECF) notice of appearance of Daniel, J., Hay (Sidley Austin LLP. 1501 K. Street N.W. Washington, D.C. 20005) for Appellee Microsoft Corporation. Date of service: 07/13/2023. (Party was previously proceeding with counsel.) [12754865] [23-15992] (Hay, Daniel) [Entered: 07/13/2023 02:51 PM]
July 13, 2023 Filing 13 Filed (ECF) notice of appearance of C., Frederick, Beckner (Sidley Austin LLP. 1501 K. Street N. W., Washington, D.C. 20005) for Appellee Microsoft Corporation. Date of service: 07/13/2023. (Party was previously proceeding with counsel.) [12754856] [23-15992] (Beckner, C.) [Entered: 07/13/2023 02:49 PM]
July 13, 2023 Filing 12 Filed clerk order (Deputy Clerk: MCD): The appeal filed July 12, 2023 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due no later August 9, 2023; the answering brief is due September 6, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12754824] (AF) [Entered: 07/13/2023 02:28 PM]
July 13, 2023 Filing 11 Filed (ECF) notice of appearance of Julia K. York (Skadden, Arps, Slate, Meagher & Flom, LLP, 1440 New York Avenue, NW, Washington, DC 20005) for Appellee Activision Blizzard, Inc.. Date of service: 07/13/2023. (Party was previously proceeding with counsel.) [12754810] [23-15992] (York, Julia) [Entered: 07/13/2023 02:23 PM]
July 13, 2023 Filing 10 Filed (ECF) notice of appearance of Steven C. Sunshine (Skadden, Arps, Slate, Meagher & Flom, LLP, 1440 New York Avenue, NW, Washington, DC 20005) for Appellee Activision Blizzard, Inc.. Date of service: 07/13/2023. (Party was previously proceeding with counsel.) [12754798] [23-15992] (Sunshine, Steven) [Entered: 07/13/2023 02:16 PM]
July 13, 2023 Filing 9 Added Attorney(s) Jonathan Nuechterlein for party(s) Appellee Microsoft Corporation, in case 23-15992. [12754786] (BJK) [Entered: 07/13/2023 02:09 PM]
July 13, 2023 Filing 8 Added Attorney(s) William Ranney Levi for party(s) Appellee Microsoft Corporation, in case 23-15992. [12754781] (BJK) [Entered: 07/13/2023 02:07 PM]
July 13, 2023 Filing 7 Added Attorney(s) Anastasia Pastan for party(s) Appellee Microsoft Corporation, in case 23-15992. [12754759] (BJK) [Entered: 07/13/2023 01:51 PM]
July 13, 2023 Filing 6 Filed (ECF) notice of appearance of Jonathan, E., Nuechterlein (Sidley Austin LLP. 1501 K. Street N.W. Washington, D.C. 20005) for Appellee Microsoft Corporation. Date of service: 07/13/2023. (Party was previously proceeding with counsel.) [12754680] [23-15992] (Nuechterlein, Jonathan) [Entered: 07/13/2023 12:24 PM]
July 13, 2023 Filing 5 Filed (ECF) notice of appearance of William Ranney Levi (Sidley Austin LLP,1501 K. Street N.W. Washington, D.C. 20005) for Appellee Microsoft Corporation. Date of service: 07/13/2023. (Party was previously proceeding with counsel.) [12754675] [23-15992] (Levi, William) [Entered: 07/13/2023 12:21 PM]
July 13, 2023 Filing 4 Filed (ECF) notice of appearance of Rakesh N. Kilaru (WILKINSON STEKLOFF LLP 2001 M Street, N.W., 10th Floor Washington, D.C. 20036) for Appellee Microsoft Corporation. Date of service: 07/13/2023. (Party was previously proceeding with counsel.) [12754637] [23-15992] (Kilaru, Rakesh) [Entered: 07/13/2023 12:00 PM]
July 13, 2023 Filing 3 Filed (ECF) notice of appearance of Beth Ann Wilkinson (WILKINSON STEKLOFF LLP 2001 M Street, N.W., 10th Floor Washington, D.C. 20036) for Appellee Microsoft Corporation. Date of service: 07/13/2023. (Party was previously proceeding with counsel.) [12754622] [23-15992] (Wilkinson, Beth) [Entered: 07/13/2023 11:54 AM]
July 13, 2023 Filing 2 Filed (ECF) notice of appearance of Anastasia M. Pastan (WILKINSON STEKLOFF LLP 2001 M Street, N.W., 10th Floor Washington, D.C. 20036) for Appellee Microsoft Corporation. Date of service: 07/13/2023. (Party was previously proceeding with counsel.) [12754583] [23-15992] (Pastan, Anastasia) [Entered: 07/13/2023 11:34 AM]
July 13, 2023 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [12754324] (JBS) [Entered: 07/13/2023 09:29 AM]

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Plaintiff / appellant: FEDERAL TRADE COMMISSION
Represented By: Imad Dean Abyad
Represented By: Mark S. Hegedus Esquire
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Defendant / appellee: MICROSOFT CORPORATION
Represented By: Adam Banks
Represented By: C. Frederick Beckner III
Represented By: Lucas Croslow
Represented By: Daniel J. Hay
Represented By: Rakesh Kilaru
Represented By: William Ranney Levi
Represented By: Jonathan Nuechterlein
Represented By: Anastasia Pastan
Represented By: Beth A. Wilkinson
Represented By: Jennifer Harring Pavelec
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Defendant / appellee: ACTIVISION BLIZZARD, INC.
Represented By: Steven C. Sunshine
Represented By: Julia K. York
Represented By: Evan Kreiner
Represented By: Michael Sheerin
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Amicus curiae: LAW PROFESSORS
Represented By: Jennifer Sturiale
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Amicus curiae: FORMER STATE ATTORNEYS GENERAL, JAHNA LINDERMUTH, DOUG PETERSON, HERBERT H. SLATERY III, and JOHN SUTHERS
Represented By: Jeane Thomas
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Represented By: Maureen Ohlhausen Esquire
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Amicus curiae: CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA
Represented By: Jeffrey Matthew Harris
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Represented By: Allen Paul Grunes
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Amicus curiae: AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS
Represented By: Allen Paul Grunes
Represented By: Matthew Ginsburg
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Amicus curiae: CURVE GAMES, FINJI, IAM8BIT, STRANGE SCAFFOLD, and STUDIO WILDCARD
Represented By: Melissa Arbus Sherry
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Amicus curiae: VENTURE CAPITAL FIRMS, LAUNCH BAY CAPITAL, MADRONA VENTURE GROUP, MARQUE VENTURE CAPTIAL, ORIGINS FUND, SPICE CAPITAL, SYMPHONIC CAPITAL, and TRILOGY EQUITY PARTNERS, LLC
Represented By: Edward Hassi
Represented By: Johan Robert Abraham
Represented By: Isabel Feldman
Represented By: Jaime Michelle Fried
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Amicus curiae: FORMER ANTITRUST ENFORCERS, ALDEN ABBOTT, DEBORAH GARZA, RENATA HESSE, ABBOTT B. "TAD" LIPSKY, JR., TERRELL MCSWEENY, CHARLES F. "RICK" RULE, JEFFREY SCHMIDT, and MARK WHITENER
Represented By: Aaron Martin Panner
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Amicus curiae: ECONOMISTS AND ANTITRUST SCHOLARS, MATTHEW BACKUS, DONALD J. BOUDREAUX, VIVEK GHOSAL, JUSTIN (GUS) HURWITZ, GINGER JIN, GEOFFREY A. MANNE, MICHAEL SYKUTA, STEVEN TADELIS, and GUOFU TAN
Represented By: Dana Foster
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Amicus curiae: TECHFREEDOM
Represented By: Bilal Sayyed
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