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

Filing 2038

ORDER by Judge Lucy H. Koh denying 2031 Motion to Shorten Time; denying 2032 Motion to Strike (lhklc2, COURT STAFF) (Filed on 10/9/2012)

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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 corporation; 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 DENYING MOTION TO
STRIKE

Samsung has filed a motion to strike portions of several declarations filed in support of

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Apple’s motion for a permanent injunction. ECF No. 2032. Samsung has also filed a motion to

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shorten time for briefing on its motion to strike, ECF No. 2031, and Apple has opposed the motion

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to shorten time. ECF No. 2034. Samsung’s reason for striking the material is procedural: that the

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declarations serve to circumvent the page limits for Apple’s motion in violation of the Court’s

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Order Re: Post-Trial Proceedings issued on August 28, 2012, ECF No. 1945.

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As the motion to strike is essentially an “evidentiary or procedural objection” to the

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permanent injunction motion, it must be contained within the opposition brief and subject to the

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opposition brief’s page limitations. See Civ. L. R. 7-3(a); see also Order Denying Motion for

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Preliminary Injunction, ECF No. 452, at 5. Because Samsung filed the motion to strike separately

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Case No.: 11-CV-01846-LHK
ORDER DENYING MOTION TO STRIKE

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from the opposition, Samsung’s motion to strike is DENIED. See Civ. L. R. 7-3(a). Samsung’s

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motion to shorten time and Apple’s opposition thereto are DENIED as moot.

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IT IS SO ORDERED.

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Dated: October 9, 2012

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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 DENYING MOTION TO STRIKE