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

Filing 1478

ORDER DENYING THIRD-PARTY INTERNATIONAL BUSINESS MACHINES CORPORATION'S MOTION FOR A TEMPORARY RESTRAINING ORDER by Judge Paul S. Grewal denying 1472 Motion for TRO (psglc1, COURT STAFF) (Filed on 7/30/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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APPLE, INC.,

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Plaintiff,
v.

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SAMSUNG ELECTRONICS CO. LTD., ET
AL.,

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Defendants.

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Case No.: C 11-1846-LHK (PSG)
ORDER DENYING THIRD-PARTY
INTERNATIONAL BUSINESS
MACHINES CORPORATION’S
MOTION FOR TEMPORARY
RESTRAINING ORDER
(Re: Docket No. 1472)

Earlier today, third-party International Business Machines Corporation (“IBM”) appeared

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before the court requesting an order barring third-party Reuters America LLC (“Reuters”) from

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publishing certain terms of a license agreement between IBM and Defendant Samsung Electronics

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Co. Ltd. (“Samsung”). Reuters opposes the request.

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At the hearing, when given the opportunity by the court to justify its request, IBM explicitly
conceded the following:

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1. IBM’s request is for a prior restraint subject to the standards set forth by the United States
Supreme Court in New York Times Co. v. United States. 1

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2. IBM’s request does not meet these standards.

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403 U.S. 713, 714 (1971).
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Case No.: C 11-01846 PSG
ORDER

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The court is sympathetic to the commercial interest, especially those of a third-party, in

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protecting its licensing terms. It truly is. But “[a]ny system of prior restraints of expression comes

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to this court bearing a heavy presumption against its constitutional validity.” 2 On a record before

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the court that includes the IBM concessions noted above, IBM plainly has not rebutted the heavy

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presumption that its request would have this court violate Reuters’ First Amendment rights. This

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the court will not do. IBM’s motion is DENIED.

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IT IS SO ORDERED.

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Dated: 7/30/2012

_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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United States District Court
For the Northern District of California

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Id.
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Case No.: C 11-01846 PSG
ORDER