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

Filing 110

ORDER Denying #84 MOTION to Shorten Time for Briefing on Apple's Motion for Expedited Trial and Case Managment Conference. Signed by Judge Koh on 7/12/2011. (lhklc1, COURT STAFF) (Filed on 7/12/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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APPLE INC., a California corporation,

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Plaintiff,
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v.
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SAMSUNG ELECTRONICS CO., LTD., A
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Korean business entity; SAMSUNG
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ELECTRONICS AMERICA, INC., a New York )
corporation; SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC, )
a Delaware limited liability company,
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Defendants.
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Case No.: 11-CV-01846-LHK
ORDER DENYING MOTION TO
SHORTEN TIME

On Friday, July 1, 2011, Plaintiff Apple, Inc. filed a Motion to Expedite Trial and Case

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Management Conference (“Motion to Expedite”), and also filed a Motion to Shorten Time for

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Briefing on Apple’s Motion for Expedited Trial and Case Management Conference (“Motion to

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Shorten Time”). In its Motion to Shorten Time, Apple requests that the Court hear the Motion to

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Expedite on July 21, 2011. In its Motion to Expedite, Apple requests that a Case Management

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Conference also be held on July 21, 2011, and seeks a trial date in February 2012. The Samsung

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Defendants filed an opposition to the Motion to Shorten Time on July 5, 2011, and Apple filed a

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reply on July 6, 2011.

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Pursuant to the Civil Local Rules, a motion to shorten time must identify “the substantial
harm or prejudice that would occur” if the Court did not grant the time modification requested.
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Case No.: 11-CV-01846-LHK
ORDER DENYING MOTION TO SHORTEN TIME

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Civ. L.R. 6-3(a). In its Motion to Shorten Time, Apple argues that expedited briefing and hearing

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is required because “each day that Samsung’s products remain for sale is another day that Apple

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continues to suffer harm.” Mot. to Shorten Time at 1, ECF No. 84. Apple contends that if the

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Motion to Expedite is heard on a normal briefing schedule, the schedule governing this action will

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remain uncertain for several additional weeks and that such delay would hamper the parties’ ability

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to work toward an early trial date. In its opposition brief, Samsung counters that a few weeks of

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uncertainty is unlikely to cause substantial harm or prejudice to a party as sophisticated as Apple.

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Samsung also points out that Apple delayed filing the Motion to Expedite until approximately two-

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and-a-half months after filing its Complaint. Finally, Samsung argues that given the complex

United States District Court
For the Northern District of California

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nature of this case, Samsung requires more, not less, time to prepare a response to Apple’s Motion

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to Expedite.

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The Court agrees that Apple has not established substantial harm or prejudice justifying a

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shortened briefing and hearing schedule for its Motion to Expedite. The Court has already granted

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Apple expedited discovery, thereby providing Apple an opportunity to obtain preliminary relief in

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this action. Moreover, Apple indicated at the May 12, 2011 hearing that it had been aware of its

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infringement claims for at least a year and engaged in negotiations with Samsung during that time.

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See Transcript of May 12, 2011 Proceedings before Judge Koh at 6:10-20, ECF No. 109 (“there

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have been extended efforts . . . to resolve this problem short of litigation. . . . they’ve been going

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on for at least a year”). The Court agrees with Samsung that the length of time Apple has been

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aware of its claims and the long history of infringement alleged in the complaint undermine

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Apple’s claims of urgency to some extent. Furthermore, if the Court grants an expedited trial

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schedule, it is unlikely that a few weeks delay in setting that schedule or commencing formal

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discovery will have any serious impact on the sophisticated parties in this case. A Case

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Management Conference is already scheduled for August 24, 2011, and the Court is not persuaded

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that issues of scheduling and case management must be addressed prior to that date. Accordingly,

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Apple’s Motion to Shorten Time is DENIED. Apple’s Motion to Expedite shall be briefed and

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heard as follows:

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(1) Samsung’s opposition brief is due July 15, 2011, pursuant to Civil Local Rule 7-3(a).
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Case No.: 11-CV-01846-LHK
ORDER DENYING MOTION TO SHORTEN TIME

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(2) Apple’s reply brief is due July 22, 2011, pursuant to Civil Local Rule 7-3(c).

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(3) The Court will address the Motion to Expedite, as well as any other scheduling and case

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management issues, at the Case Management Conference on August 24, 2011. If oral

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argument is unnecessary, the Court may issue an order prior to the Conference.

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IT IS SO ORDERED.

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Dated: July 12, 2011

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 11-CV-01846-LHK
ORDER DENYING MOTION TO SHORTEN TIME