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

Filing 1388

MOTION Adverse Inference Jury Instruction filed by Samsung Electronics America, Inc.. Responses due by 8/9/2012. Replies due by 8/16/2012. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order)(Maroulis, Victoria) (Filed on 7/26/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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12 APPLE INC., a California corporation,
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Plaintiff,
vs.

15 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
16 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
17 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendants.
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CASE NO. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDER GRANTING
SAMSUNG’S MOTION FOR
SPOLIATION ADVERSE INFERENCE
INSTRUCTION AGAINST APPLE

Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and Samsung

21 Telecommunications America, LLC (collectively, “Samsung”) have filed a Motion for Spoliation
22 Adverse Inference Instruction Against Apple (“Motion for Adverse Inference”).
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Having considered the arguments of the parties and the papers submitted, the Court

24 GRANTS Samsung’s Motion for Adverse Inference.

The Court shall give the same adverse

25 inference instruction against Apple as is given against Samsung, and the Apple adverse inference
26 instruction shall be supplemented by the following additional language:

“Apple initiated this

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02198.51855/4876630.3

Case No. 11-cv-01846-LHK-PSG
-1[PROPOSED] ORDER GRANTING SAMSUNG’S MOTION FOR SPOLIATION ADVERSE INFERENCE
INSTRUCTION AGAINST APPLE

1 lawsuit, and you should presume that it was more reasonable for a party in Apple's position to
2 foresee litigation than it was for a party in Samsung’s position.”
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IT IS SO ORDERED.

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6 DATED: _________________, 2012
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HONORABLE LUCY H. KOH
United States District Court Judge

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02198.51855/4876630.3

Case No. 11-cv-01846-LHK-PSG
-2[PROPOSED] ORDER GRANTING SAMSUNG’S MOTION FOR SPOLIATION ADVERSE INFERENCE
INSTRUCTION AGAINST APPLE