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

Filing 115

ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR #86 MOTION for Preliminary Injunction. Motion Hearing set for 10/13/2011 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Signed by Judge Koh on 7/18/2011. (lhklc1, COURT STAFF) (Filed on 7/18/2011)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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 SETTING BRIEFING AND
HEARING SCHEDULE FOR
PRELIMINARY INJUNCTION MOTION

On Friday, July 1, 2011, Plaintiff Apple, Inc. filed a motion for preliminary injunction to

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enjoin the Samsung Defendants from making, using, offering to sell, or selling within the United

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States, or importing into the United States, four of Samsung’s recently released smart phones and

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tablet computers. Apple seeks preliminary relief on grounds that Samsung’s products infringe

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three of Apple’s design patents and one of Apple’s utility patents. Pursuant to the Court’s order,

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the parties have submitted a statement outlining their proposals for a briefing and hearing schedule

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for Apple’s motion. Although both parties have proposed schedules that allow each side to take

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discovery before its responsive brief is due, the parties disagree on exactly how much time is

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required for discovery and briefing.

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Case No.: 11-CV-01846-LHK
ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION

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The Court understands that Apple wishes to resolve the issue of preliminary relief as

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quickly as possible in order to prevent the irreparable harm that Apple alleges is caused by the

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continuing sale of Samsung’s products. However, the Court agrees with Samsung that Apple’s

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motion presents complex issues of patent infringement, validity, and construction, and seeks an

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extraordinary form of relief. As such, the Court is inclined to provide the parties an opportunity to

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brief the issues as fully as possible, thereby ensuring that the Court has sufficient information to

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make an informed determination of the motion. Accordingly, the Court hereby adopts the

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following briefing and hearing schedule for Apple’s preliminary injunction motion:

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United States District Court
For the Northern District of California

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Task

Deadline

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Samsung’s discovery requests

Served prior to July 8, 2011

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Apple’s objections to Samsung’s discovery due

July 20, 2011

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Document production due (produced on rolling basis)

July 27, 2011

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Deadline for Samsung’s discovery from Apple

August 8, 2011

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Samsung’s opposition brief due

August 22, 2011

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Apple’s discovery requests due

August 26, 2011

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Samsung’s objections to Apple’s discovery due

August 31, 2011

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Document production due (produced on rolling basis)

September 12, 2011

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Deadline for Apple’s discovery of Samsung

September 21, 2011

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Apple’s reply brief due

September 30, 2011

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Hearing on motion for preliminary injunction

October 13, 2011

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The discovery sought under this schedule must be relevant to the preliminary injunction motion

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and may include discovery related to prior art, depositions of declarants, and other discovery

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related to infringement and validity issues. The Court encourages the parties to make all efforts to

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keep discovery requests reasonable in scope and narrowly tailored to address the preliminary

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injunction motion. If disputes arise, the parties must make a good faith effort to reach a mutually

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Case No.: 11-CV-01846-LHK
ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION

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agreeable compromise, and lead trial counsel must meet and confer in person, before bringing the

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dispute before the Court.

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IT IS SO ORDERED.

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Dated: July 18, 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 SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION