美国第九巡回上诉法院关于支持Epic Games诉谷歌案上诉人的Amicus简报（英）

1 Nos. 24-6256, 24-6274 _______________________ IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT _______________________ EPIC GAMES, INC., Plaintiff-Appellee, v. GOOGLE LLC, et al., Defendants-Appellants, _______________________ On Appeal from the United States District Court for the Northern District of California (Hon. James Donato) Nos. 3:20-cv-05671-JD, 3:21-md-02981-JD _______________________ MOTION OF INFORMATION TECHNOLOGY & INNOVATION FOUNDATION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF DEFENDANTS/APPELLANTS GOOGLE LLC ________________________________________________________________________________________ Marc R. Lewis Rina Plotkin LEWIS & LLEWELLYN LLP 601 Montgomery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 800-0590 August 25, 2025 Attorneys for Amicus Curiae Information Technology & Innovation Foundation Case: 24-6256, 08/25/2025, DktEntry: 241.1, Page 1 of 6 2 MOTION FOR LEAVE TO FILE AMICUS BRIEF Pursuant to Federal Rule of Appellate Procedure 29(a)(3) and Circuit Rule 29-3, Information Technology & Innovation Foundation (ITIF) respectfully seeks leave to file the accompanying amicus curiae brief in support of Defendants-Appellants Google LLC’s Petition for Rehearing. Counsel sought consent from the parties to file this brief: Defendants-Appellants consented; as described in more detail below, Plaintiff-Appellee did not consent unless ITIF made a disclosure beyond the requirements of the Federal Rules of Appellate Procedure. ITIF’s interests and the proposed amicus brief. ITIF is an independent non-profit, non-partisan think tank whose mission is to formulate, evaluate, and promote policy solutions that accelerate innovation and boost productivity. ITIF’s core focus lies at the intersection of technological innovation and public policy, including economic issues related to innovation, productivity, antitrust law, and more. ITIF has studied the mobile ecosystem at the heart of this appeal and has concluded that the relief and reasoning affirmed by the Court in the name of fostering competition and innovation would have the opposite effect. ITIF’s brief provides legal and contextual information to assist the Court in deciding whether to grant the motion for rehearing. ITIF has endeavored not to repeat arguments made by Defendants-Appellants and focus on the broader policy Case: 24-6256, 08/25/2025, DktEntry: 241.1, Page 2 of 6 3 implications of the issues presented in this case, specifically for innovation and productivity. Consent to file ITIF’s brief. Defendants-Appellants have consented to this filing. Plaintiff-Appellee has not consented to this filing. Plaintiff-Appellee conditioned its consent to the filing of an amicus brief on ITIF “agree[ing] to fully disclose to the Court any direct or indirect contributions or funding to [ITIF] by Google over the last 12 months.” As counsel for ITIF explained, the Federal Rules of Appellate Procedure do not require such a disclosure. R