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

Filing 1296

ORDER Regarding Final Jury Instructions. Signed by Judge Lucy H. Koh on 7/23/2012. (lhklc2, COURT STAFF) (Filed on 7/23/2012)

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE, INC., a California corporation,

)
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Plaintiff and Counterdefendant,
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v.
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SAMSUNG ELECTRONICS CO., LTD., A
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Korean corporation; SAMSUNG
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ELECTRONICS AMERICA, INC., a New York )
corporation; SAMSUNG
)
TELECOMMUNICATIONS AMERICA, LLC, )
a Delaware limited liability company,
)
)
Defendants and Counterclaimants. )
)

Case No.: 11-CV-01846-LHK
ORDER REQUIRING LEAD TRIAL
COUNSEL TO MEET AND CONFER
FOR FINAL JURY INSTRUCTIONS

The Court has reviewed the preliminary jury instructions submitted by the parties and has

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filed a tentative set of preliminary jury instructions concurrently with this Order. In reviewing the

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parties’ submissions, it became clear that the parties did not comply with the spirit of the Court’s

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order requiring a joint submission of disputed and undisputed jury instructions. The Court was

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disappointed to see many unnecessary disputes in the preliminary instructions. For example, the

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parties could not agree on: (1) whether an instruction regarding use of interpreters would be given

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at the beginning of the trial, or before the first witness requiring an interpreter testifies; or (2)

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whether to insert “allegedly” before “infringing products.”

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While the Court appreciates that real disputes will arise regarding the correct statement of

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law and the proper jury instructions to be given at the close of the case, many of the disputes thus

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far seem unnecessary. Accordingly, lead trial counsel are ordered to meet and confer in person

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regarding the final jury instructions. Only instructions in which lead trial counsel cannot agree on

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the substantive statement of the law should be presented as disputed jury instructions for the Court

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to resolve. In addition, to give the parties further guidance, the Court has a strong preference for

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the use of Ninth Circuit Model Jury Instructions and the Northern District of California Model
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Case No.: 11-CV-01846-LHK
ORDER REQUIRING LEAD TRIAL COUNSEL TO MEET AND CONFER

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Patent Jury Instructions. The parties shall file a revised joint submission of disputed and

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undisputed final jury instructions by August 6, 2012. The parties shall also lodge with the Court 3

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binders containing copies of the joint submission by Tuesday, August 7, 2012 at noon.

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IT IS SO ORDERED.

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Dated: July 23, 2012

_________________________________
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 REQUIRING LEAD TRIAL COUNSEL TO MEET AND CONFER