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

Filing 394

ORDER REGARDING STAY AND CASE NARROWING AND CONTINUING THE CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on 3/08/2013. (lhklc3, COURT STAFF) (Filed on 3/8/2013)

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 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 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. ) ) 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, ) ) Counterclaim-Plaintiffs, ) ) v. ) ) APPLE, INC., a California corporation, ) ) Counterclaim-Defendant. ) ) Case No.: 12-CV-00630-LHK ORDER REGARDING STAY AND CASE NARROWING AND CONTINUING THE CASE MANAGEMENT CONFERENCE On March 7, 2013, the parties in this action filed a joint status report regarding whether they believed that a stay of this litigation was appropriate pending resolution of the appeal of the 27 28 1 Case No.: 12-CV-00630-LHK ORDER REGARDING STAY AND CASE NARROWING AND CONTINUING THE CASE MANAGEMENT CONFERENCE 1 parties’ separate litigation in Civil Action No. 11-CV-01846-LHK (the “1846 Case”). See ECF 2 No. 393. 3 “The District Court has broad discretion to stay proceedings as an incident to its power to 4 control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997). In light of the parties’ joint 5 status report, the Court will not stay the case. Accordingly, Defendants Samsung Electronics Co., 6 Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC shall 7 not file a motion seeking this administrative relief. If circumstances change, the Court will notify 8 the parties. 9 As this case proceeds, the Court will require the parties to streamline the issues raised in United States District Court For the Northern District of California 10 this action significantly. Therefore, within ten days after the Court issues its Claim Construction 11 Order, the parties will be required to limit their asserted patent claims and accused products to 12 twenty-five per side. In addition, the parties will be required to further narrow their asserted patent 13 claims and accused products as well as limit their prior art references: before the close of expert 14 discovery, before the Court considers any motions for summary judgment, after the Court rules on 15 any motions for summary judgment, and again before the pretrial conference. Further, the parties 16 will be required to limit the number of consulting and testifying experts. Unlike in the 1846 Case, 17 the Court will not permit the parties to involve over fifty experts in this litigation. 18 The Case Management Conference currently scheduled for March 27, 2013, is hereby 19 CONTINUED to April 24, 2013, at 2:00 p.m. In the parties’ joint case management statement, the 20 parties shall make a proposal as to the narrowing of this case consistent with this Order. 21 IT IS SO ORDERED. 22 23 24 Dated: March 8, 2013 _________________________________ LUCY H. KOH United States District Judge 25 26 27 28 2 Case No.: 12-CV-00630-LHK ORDER REGARDING STAY AND CASE NARROWING AND CONTINUING THE CASE MANAGEMENT CONFERENCE