World Programming Limited v. SAS Institute, Inc.

Federal Rule of Civil Procedure 69 addresses the enforcement of federal money judgments. It provides that “[t]he procedure on execution * * * must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.” Fed. R. Civ. P. 69(a)(1). The All Writs Act, 28 U.S.C. § 1651(a), provides that courts “may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” The questions presented are:

1. Whether the All Writs Act or Rule 69 permits federal courts to fashion novel remedies to enforce federal money judgments, such as an injunction that forbids the judgment debtor from licensing its software for use in the U.S. until the judgment is paid, to “incentivize” payment.

2. Whether and under what circumstances federal courts may invoke the All Writs Act to enjoin enforcement of a foreign money judgment, even within the nation that issued the judgment. (i)