Qualcomm Incorporated v. Apple Incorporated

Filing 22

Judicial Referral for Purpose of Determining Relationship of Cases re 5:19-mc-80057-VKD. Signed by Judge Virginia K. DeMarchi on 3/12/2019. (vkdlc1S, COURT STAFF) (Filed on 3/12/2019)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 QUALCOMM INCORPORATED, 8 Plaintiff, 9 v. 10 APPLE INCORPORATED, 11 United States District Court Northern District of California Case No.19-mc-80057-VKD ORDER REFERRING CASE AND REQUEST TO CONSIDER WHETHER CASES ARE RELATED Defendant. 12 13 On January 18, 2019, Qualcomm Incorporated (“Qualcomm”) issued a subpoena pursuant 14 15 to Rule 45 of the Federal Rules of Civil Procedure on Intel Incorporated (“Intel”) in connection 16 with a pending action in the Southern District of California (Qualcomm v. Apple Inc., Case No. 17 3:17-cv-02398 (S.D. Cal.)). Dkt. No. 1 at 1. The subpoena required Intel to produce certain 18 documents and things, as well as produce a witness for deposition. Dkt. No. 2, Exh. A. On 19 February 8, 2019, Intel filed a motion to quash the deposition portion of the subpoena in the 20 Northern District of California. The miscellaneous action associated with that motion was 21 assigned to Judge Westmore, Case No. 19-mc-80038 (KAW). Dkt. No. 1 at 2 n.1. On March 6, 22 2019, Qualcomm filed a motion to compel Intel to comply with the document production portion 23 of the same subpoena, and the miscellaneous action associated with that motion was assigned to 24 the undersigned. Dkt. No. 1. Pursuant to Civil Local Rule 3-12(c), the undersigned refers this action to Judge Westmore 25 26 to consider whether the cases are related. IT IS SO ORDERED. 27 28 /// 1 Dated: March 12, 2019 2 3 VIRGINIA K. DEMARCHI United States Magistrate Judge 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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