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

Filing 1844

ORDER Regarding Apple's Requested Jury Instruction on Internet Access of Devices. Signed by Judge Lucy H. Koh on 8/19/2012. (lhklc2, COURT STAFF) (Filed on 8/19/2012)

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1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLE, INC., a California corporation, ) ) Plaintiff and Counterdefendant, ) v. ) ) SAMSUNG ELECTRONICS CO., LTD., A ) Korean corporation; SAMSUNG ) 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 RE: APPLE’S REQUEST FOR DIRECTION TO JURY REGARDING USE OF INTERNET ON DEVICES IN EVIDENCE DURING DELIBERATIONS Both parties have expressed concerns about jurors’ installing updates and patches that may 15 attempt to design around the patents-in-suit on the accused devices during jury deliberations, but 16 have provided no details. By 8 a.m. Monday, August 20, 2012, each party shall file a statement 17 identifying what updates and patches in any of the accused products attempt to design around the 18 patents-in-suit. Apple asserts that such updates and patches can only be installed if the user 19 accepts them. See ECF No. 1834. Samsung states that such updates or patches can be 20 automatically or inadvertently installed. See ECF No. 1837. In its statement to be filed at 8 a.m. 21 on August 20, 2012, Samsung shall explain how such updates or patches can be automatically or 22 inadvertently installed. The parties shall also be prepared to demonstrate the installation of the 23 patches and updates of concern during the hearing tomorrow on accused products, but not the 24 actual devices that have been admitted into evidence. The Court also requests that the parties 25 provide a small ELMO type projector that the jurors can use in the jury deliberation room, so that 26 the jurors can see the accused devices simultaneously. 27 28 1 Case No.: 11-CV-01846-LHK ORDER RE: APPLE’S REQUEST FOR DIRECTION TO JURY REGARDING USE OF INTERNET ON DEVICES 1 IT IS SO ORDERED. 2 Dated: August 19, 2012 _________________________________ LUCY H. KOH United States District Judge 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 11-CV-01846-LHK ORDER RE: APPLE’S REQUEST FOR DIRECTION TO JURY REGARDING USE OF INTERNET ON DEVICES

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