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

Filing 37

ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR 10 MOTION for Preliminary Injunction. Preliminary Injunction Hearing set for 6/7/2012 01:30 PM. Signed by Judge Lucy H. Koh on 2/22/12. (lhklc3, COURT STAFF) (Filed on 2/22/2012)

1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 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 SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION On February 8, 2012, Plaintiff Apple, Inc. (“Apple”) filed a complaint for patent 21 infringement and a motion for preliminary injunction seeking to enjoin Defendants Samsung 22 Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications 23 America, LLC (collectively “Defendants”), from making, using, offering to sell, or selling within 24 the United States, or importing into the United States, Samsung’s recently released Galaxy Nexus 25 smartphone. See ECF Nos. 1 (Compl.), 10 (Mot. for Prelim. Inj.). Apple seeks preliminary relief 26 on grounds that the Galaxy Nexus smartphone infringes four of Apple’s utility patents. 27 Pursuant to Civil Local Rules 65-2 and 7-3, Defendants’ opposition would be due today, 28 February 22, 2012, and Apple’s reply would be due February 29, 2012. However, in light of the 1 Case No.: 12-CV-00630-LHK ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION 1 potential need for discovery, the Court sets the briefing schedule for Apple’s preliminary injunction 2 motion as follows: Defendants’ opposition brief is due April 23, 2012; and Apple’s reply brief is 3 due May 14, 2012. The hearing on Apple’s motion is set for June 7, 2012, at 1:30 p.m. 4 The parties may obtain discovery relevant to the preliminary injunction motion. To ensure 5 adequate discovery in a timely manner, the Court reduces the time to respond to discovery requests 6 from 30 days after being served to 21 days. See, e.g., Fed. R. Civ. P. 33(b)(2), 34(b)(2)(A), 7 36(a)(3). The Court encourages the parties to make all efforts to keep discovery requests 8 reasonable in scope and narrowly tailored to address the preliminary injunction motion. If disputes 9 arise, the parties must make a good faith effort to reach a mutually agreeable compromise, and lead United States District Court For the Northern District of California 10 trial counsel must meet and confer in person, before bringing the dispute before the Court. 11 IT IS SO ORDERED. 12 13 14 Dated: February 22, 2012 _________________________________ LUCY H. KOH United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-00630-LHK ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION