Apple Inc. v. Samsung Electronics Co., Ltd. et al

Filing 197

ORDER to File Briefing on Bond. Signed by Judge Lucy H. Koh on 6/4/12. (lhklc3, COURT STAFF) (Filed on 6/4/2012)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 APPLE, INC., a California corporation, ) ) Plaintiff, ) ) v. ) ) SAMSUNG ELECTRONICS CO., LTD., a ) Korean corporation; SAMSUNG ) ELECTRONICS AMERICA, INC., a New York ) corporation; and SAMSUNG ) TELECOMMUNICATIONS AMERICA, LLC, ) a Delaware limited liability company, ) ) Defendants. ) ) Case No.: 12-CV-00630-LHK ORDER RE: BRIEFING ON BOND On February 8, 2012, Apple filed a complaint for patent infringement against Samsung and 21 moved the Court for a preliminary injunction enjoining Samsung from making, using, offering to 22 sell, or selling within the United States, or importing into the United States, the Galaxy Nexus 23 smartphone. See ECF No. 1 (“Complaint”); ECF No. 10 (“Motion”). A hearing on Apple’s 24 motion for a preliminary injunction is set for June 7, 2012, at 1:30 p.m. 25 26 27 28 Federal Rule of Civil Procedure 65(c) provides that: No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. 1 Case No.: 12-cv-00630-LHK ORDER RE: BRIEFING ON BOND 1 Neither party has addressed in its respective brief(s) what security should be required in the event 2 that a preliminary injunction should issue. Accordingly, the Court orders each side to file, by June 3 6, 2012, at noon, a supplemental brief, not to exceed 3 pages, exclusively addressing the question 4 of bond. 5 IT IS SO ORDERED. 6 7 Dated: June 4, 2012 _________________________________ LUCY H. KOH United States District Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-cv-00630-LHK ORDER RE: BRIEFING ON BOND