Qualcomm’s Non-Opposition to FTC’s Motion 

for Leave To Serve Trial Subpoena 

Case No. 5:17-cv-00220-LHK-NMC 

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KEKER, VAN NEST & PETERS LLP 

Robert A. Van Nest (SBN 84065) 

rvannest@keker.com 

Eugene M. Paige (SBN 202849) 

epaige@keker.com 

Justina K. Sessions (SBN 270914) 

jsessions@keker.com 

633 Battery Street 

San Francisco, CA 94111-1809 

Telephone: (415) 391 5400 

Facsimile: (415) 397 7188 

CRAVATH, SWAINE & MOORE LLP 

Gary A. Bornstein (pro hac vice) 

gbornstein@cravath.com 

Yonatan Even (pro hac vice)

yeven@cravath.com 

825 Eighth Avenue 

New York, New York 10019-7475 

Telephone: (212) 474-1000 

Facsimile: (212) 474-3700 

Attorneys for Defendant 

QUALCOMM INCORPORATED 

MORGAN, LEWIS & BOCKIUS LLP 

Richard S. Taffet (pro hac vice)

richard.taffet@morganlewis.com 

101 Park Avenue 

New York, NY 10178-0060 

Telephone: (212) 309-6000 

Facsimile: (212) 309-6001 

MORGAN, LEWIS & BOCKIUS LLP 

Willard K. Tom (pro hac vice)

willard.tom@morganlewis.com 

1111 Pennsylvania Avenue NW 

Washington, DC 20004-2541 

Telephone: (202) 739-3000 

Facsimile: (202) 739-3001 

MORGAN, LEWIS & BOCKIUS LLP 

Geoffrey T. Holtz (SBN 191370) 

gholtz@morganlewis.com 

One Market, Spear Street Tower 

San Francisco, CA 94105-1596 

Telephone: (415) 442-1000 

Facsimile: (415) 442-1001 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

vs. 

QUALCOMM INCORPORATED, 

a Delaware corporation, 

Defendant. 

Case No. 5:17-cv-00220-LHK-NMC 

DEFENDANT QUALCOMM 

INCORPORATED’S NONOPPOSITION TO PLAINTIFF 

FEDERAL TRADE COMMISSION’S 

ADMINISTRATIVE MOTION FOR 

LEAVE TO SERVE TRIAL SUBPOENA 

Courtroom: 8, 4th Floor 

Judge: Hon. Lucy H. Koh 

Case 5:17-cv-00220-LHK Document 986 Filed 12/12/18 Page 1 of 4
1 

Qualcomm’s Non-Opposition to FTC’s Motion 

for Leave To Serve Trial Subpoena 

Case No. 5:17-cv-00220-LHK-NMC 

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Defendant Qualcomm Incorporated (“Qualcomm”) submits this Non-Opposition to 

Plaintiff Federal Trade Commission’s Administrative Motion for Leave To Serve Trial Subpoena 

(“Motion for Leave”). 

Qualcomm does not oppose the FTC’s request for leave to serve trial subpoenas on its 

former employees Derek Aberle and Steven Altman by certified mail. Qualcomm believes that 

the testimony of Messrs. Aberle and Altman would be helpful to the Court, and for that reason 

has included them on its own list of witnesses to be called live at trial. 

In September 2018, the FTC inquired whether eight former Qualcomm employees, 

including Messrs. Aberle and Altman, would agree to appear at trial voluntarily. Qualcomm 

promptly contacted those eight former employees (or, in one case, the individual’s separate 

counsel). As Qualcomm received answers from the former employees, Qualcomm promptly 

conveyed that information to the FTC.1

 In the case of Messrs. Aberle and Altman, neither 

committed to attend, but neither ruled out the possibility that he would agree to do so. On more 

than one occasion since the FTC first made the request, Qualcomm informed the FTC that neither 

had yet agreed to appear but that Qualcomm was still inquiring with each about his appearance. 

The FTC states in its Motion for Leave that “Qualcomm’s counsel reported for the first 

time that they were ‘not authorized to accept trial subpoenas’ for Messrs. Aberle and Altman” 

until November 25, and similarly that “Qualcomm’s counsel announced for the first time on 

November 26 that it does not represent either Mr. Aberle or Mr. Altman”. (ECF No. 984 at 2.) 

But the FTC did not ask counsel for Qualcomm whether they were authorized to accept service of 

a trial subpoena on behalf of Mr. Aberle or Mr. Altman until November 19; Qualcomm’s counsel 

promptly responded on November 23, the day after Thanksgiving, that they were not authorized 

to accept service on behalf of either of those former employees. Likewise, the FTC did not ask

counsel for Qualcomm whether they represented Mr. Aberle or Mr. Altman in connection with 

their potential trial testimony until November 25; Qualcomm’s counsel responded promptly on 

 

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 Of the remaining six besides Messrs. Aberle and Altman, Qualcomm was able to obtain 

confirmation that three of them—Irwin Jacobs, Michael Hartogs, and Eric Reifschneider—would 

agree to attend trial. A fourth, who was deposed, is unable to travel to San Jose because of health 

reasons. Qualcomm understands that the FTC has served subpoenas on the other two. 

Case 5:17-cv-00220-LHK Document 986 Filed 12/12/18 Page 2 of 4
2 Qualcomm’s Non-Opposition to FTC’s Motion 

for Leave To Serve Trial Subpoena 

Case No. 5:17-cv-00220-LHK-NMC 

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November 26 that they had not been retained by either former employee for that purpose. 

At no point did counsel for Qualcomm ever suggest to the FTC that they were authorized 

to accept service of a trial subpoena on behalf of either Mr. Aberle or Mr. Altman or that they 

represented either of the two in connection with their potential trial testimony. To the contrary, as 

the FTC is well aware, Mr. Aberle is affiliated with a group of former officers and directors that 

has expressed interest in acquiring Qualcomm. 

Qualcomm does not oppose the FTC’s request for leave to serve trial subpoenas on 

Messrs. Aberle and Altman by certified mail. 

Dated: December 12, 2018 

/s/ Gary A. Bornstein 

 Gary A. Bornstein (pro hac vice)

Yonatan Even (pro hac vice)

CRAVATH, SWAINE & MOORE LLP 

Worldwide Plaza 

825 Eighth Avenue 

New York, NY 10019-7475 

Telephone: (212) 474-1000 

Facsimile: (212) 474-3700 

gbornstein@cravath.com 

yeven@cravath.com 

Robert A. Van Nest (SBN 84065) 

Eugene M. Paige (SBN 202849) 

Justina K. Sessions (SBN 270914) 

KEKER, VAN NEST & PETERS LLP 

633 Battery Street 

San Francisco, CA 94111-1809 

Telephone: (415) 391-5400 

Facsimile: (415) 397-7188 

rvannest@keker.com 

epaige@keker.com 

jsessions@keker.com 

Richard S. Taffet (pro hac vice)

MORGAN, LEWIS & BOCKIUS LLP 

101 Park Avenue 

New York, NY 10178-0060 

Tel.: (212) 309-6000 

Fax: (212) 309-6001 

richard.taffet@morganlewis.com 

Case 5:17-cv-00220-LHK Document 986 Filed 12/12/18 Page 3 of 4
3 Qualcomm’s Non-Opposition to FTC’s Motion 

for Leave To Serve Trial Subpoena 

Case No. 5:17-cv-00220-LHK-NMC 

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 Willard K. Tom (pro hac vice)

MORGAN, LEWIS & BOCKIUS LLP 

1111 Pennsylvania Avenue NW 

Washington, DC 20004-2541 

Tel.: (202) 739-3000 

Fax: (202) 739 3001 

willard.tom@morganlewis.com 

Geoffrey T. Holtz (SBN 191370) 

MORGAN, LEWIS & BOCKIUS LLP 

One Market, Spear Street Tower 

San Francisco, CA 94105-1596 

Tel.: (415) 442-1000 

Fax: (415) 442-1001 

gholtz@morganlewis.com 

 Attorneys for Defendant 

QUALCOMM INCORPORATED 

Case 5:17-cv-00220-LHK Document 986 Filed 12/12/18 Page 4 of 4