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KEKER, VAN NEST & PETERS LLP

Robert A. Van Nest (SEN 84065)

rvannest@keker.com

Eugene M. Paige (SEN 202849)

epaige@keker,eom

Cody S. Harris (SEN 255302)

eharris@keker.com

Justina Sessions (SEN 270914)

jsessions@keker.com

633 Eattery Street

San Francisco, CA 94111-1809

Telephone: (415)391-5400

Facsimile: (415) 397-7188

CRAVATH, SWAINE & MOORE LLP

Gary A. Eornstein (pro hac vice)

gbornstein@cravath.com

Yonatan Even (pro hac vice)

yeven@cravath.eom

825 Eighth Avenue

New York, NY 10019-7475

Telephone: (212)474-1000

Faesimile (212)474-3700

Attorneys for Defendant

QUALCOMM INCORPORATED

MORGAN, LEWIS & EOCKIUS LLP

Richard S. Taffet (pro hac vice)

richard.taffet@morganlewis.com

101 Park Avenue

New York, NY 10178-0060

Telephone: (212) 309-6000

Faesimile: (212) 309-6001

MORGAN, LEWIS & EOCKIUS LLP

Willard K. Tom (pro hac vice)

willard.tom@morganlewis.com

1111 Pennsylvania Avenue, NW

Washington, DC 20004-2541

Telephone: (202) 739-3000

Faesimile: (202) 739-3001

MORGAN, LEWIS & EOCKIUS LLP

Geoffrey T. Holtz (SEN 191370)

gholtz@morganlewis.eom

One Market Plaza, Spear Street Tower

San Franciseo, CA 94105-1596

Telephone: (415)442-1000

Faesimile: (415)442-1001

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

V.

QUALCOMM INCORPORATED, a

Delaware Corporation,

Defendant.

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

DECLARATION OF BRYN WILLIAMS

IN SUPPORT OF MOTION TO CHANGE

TIME

Dept: Courtroom 8, 4* FloorJudge: Hon. Lucy H. Koh

Date Filed: January 17, 2017

Trial Date: January 4, 2019

DECLARATION OF BRYN WILLIAMS IN SUPPORT OF MOTION TO CHANGE TIME

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

Case 5:17-cv-00220-LHK Document 1496-1 Filed 05/28/19 Page 1 of 3
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DECLARATION OF BRYN WILLIAMS

I, Bryn Williams, declare and state that:

1. lam an attorney licensed to practice law in the State of California and am an

attorney at the law firm ofKeker, Van Nest & Peters, LLP, counsel for Defendant Qualcomm

Incorporated. I submit this declaration in support of Qualcomm’s Motion to Change Time. I

have knowledge ofthe facts set forth herein, and if called upon as a witness, I could testify

competently under oath.

2. On May 21, 2019, this Court issued Findings ofFact and Conclusion ofLaw (the

“Order”), ECF No. 1490, and entered judgment in favor ofthe FTC in the above-captioned

matter. ECF No. 1492.

3. On May 28, 2019, Defendant filed a Motion for Stay Pending Appeal (the “Stay

Motion”).

4. As detailed in the Stay Motion and in the accompanying declaration ofAlex

Rogers, the Court’s Order would impose irreparable harm to Qualcomm if not stayed pending

appeal by requiring Qualcomm to immediately change longstanding licensing and sales

practices, renegotiate hundreds oflicense agreements, and force Qualcomm to offer exhaustive

licenses to competing chip makers.

5. As detailed in the Stay Motion and in the accompanying declaration of Alex

Rogers, many ofthese changes would be impossible to unwind ifthe Order were overturned. For

example, Qualcomm would not be able to unwind licensing agreements it has renegotiated in the

shadow of an Order that is later overturned.

6. As detailed in the Stay Motion, staying the injunction pending appeal will neither

harm competition nor impair the public interest.

7. Given these circumstances, Qualcomm believes that expedited consideration of

the Stay Motion is appropriate, and that substantial harm and prejudice would occur ifthe Court

does not shorten time to hear the Stay Motion. The probability ofirreparable harm detailed in

the Stay Motion and in the accompanying declaration of Alex Rogers increases with each day the

Court’s injunction stays in place.

1

DECLARATION OF BRYN WILLIAMS IN SUPPORT OF MOTION TO CHANGE TIME

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8. In accordance with Civ. L.R. 6-3(a)(5), a list of all previous time modifications in

this case, whether by stipulation or Court order is attached to this declaration as Exhibit A,

9. As this Court has entered judgment in favor ofthe FTC, the requested time

modification would have no effect on the schedule for the case.

10. Before filing this motion, Qualcomm attempted to obtain a stipulation to the

requested time change. Undersigned counsel for Qualcomm emailed counsel for the FTC on

Friday, May 24, 2019, requesting that the FTC stipulate to the reliefsought in this motion and

offering to meet-and-confer further. Counsel for the FTC responded by email the same day,

stating without further explanation that “[t]he FTC will not stipulate to the request to shorten

time.”

I declare under penalty ofperjury that the foregoing is true and correct. Executed on this

28th day of May 2019, in San Francisco, California.

By:

Bryn Williams

DECLARATION OF BRYN WILLIAMS IN SUPPORT OF MOTION TO CHANGE TIME

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

Case 5:17-cv-00220-LHK Document 1496-1 Filed 05/28/19 Page 3 of 3