Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
2299
ORDER by Judge Lucy H. Koh taking under advisement 2282 Stipulation Regarding Samsung's Motion for Entry of Partial Judgment and For Stay; denying 2283 Apple's Motion for April 3 Hearing; granting 2287 Apple's Motion for Leave to File One-Page Reply; granting 2289 Motion for Leave to File Motion for Reconsideration (lhklc3, COURT STAFF) (Filed on 4/2/2013)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
United States District Court
For the Northern District of California
7
SAN JOSE DIVISION
10
11
12
13
14
15
16
17
APPLE INC., a California corporation,
)
)
Plaintiff and Counterdefendant,
)
v.
)
)
SAMSUNG ELECTRONICS CO., LTD.,
)
a Korean corporation;
)
SAMSUNG ELECTRONICS AMERICA, INC., )
a New York corporation; and
)
SAMSUNG TELECOMMUNICATIONS
)
AMERICA, LLC,
)
a Delaware limited liability company,
)
)
Defendants and Counterclaimants. )
)
Case No.: 11-CV-01846-LHK
ORDER RE: APPLE’S
ADMINISTRATIVE MOTION
SEEKING AN APRIL 3 CASE
MANAGEMENT CONFERENCE;
APPLE’S MOTION FOR LEAVE TO
FILE MOTION FOR
RECONSIDERATION; SAMSUNG’S
MOTION FOR ENTRY OF PARTIAL
JUDGMENT PURSUANT TO RULE
54(B) AND FOR STAY PENDING
APPEAL
18
Having considered the arguments of the parties and the papers submitted, the Court hereby
19
rules as follows:
20
21
22
23
(1) The Court DENIES Apple’s Administrative Motion Seeking an April 3 Case Management
Conference, ECF No. 2283.
(2) The Court GRANTS Apple’s Unopposed Motion for Leave to File One-Page Reply
Supporting Its Administrative Motion Seeking an April 3 Case Management Conference,
ECF No. 2287.
24
25
26
(3) Subject to the briefing schedule set forth below, the Court GRANTS Apple’s Motion for
Leave to File Motion for Reconsideration of Order Granting New Damages Trial on Galaxy
SII AT&T and Infuse 4G, ECF No. 2289.
27
28
1
Case No. 11-CV-01846-LHK
ORDER RE: APPLE’S ADMINISTRATIVE MOTION SEEKING AN APRIL 3 CASE MANAGEMENT
CONFERENCE; APPLE’S MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION; SAMSUNG’S
MOTION FOR ENTRY OF PARTIAL JUDGMENT PURSUANT TO RULE 54(B) AND FOR STAY
1
2
3
4
(4) Regarding the Stipulation Regarding Samsung’s Motion for Entry of Partial Judgment
Pursuant to Rule 54(b) and For Stay Pending Appeal, ECF No. 2282, the Court adopts the
Stipulation’s briefing schedule, but denies the parties’ request for a hearing. The Court
takes Samsung’s Motion for Entry of Partial Judgment Pursuant to Rule 54(b) and For Stay
Pending Appeal, ECF No. 2281, under submission.
The Court sets a Case Management Conference for Monday, April 29, 2013, at 2 p.m. On
April 22, 2013, the parties shall file a Joint Case Management Conference Statement, not to exceed
6
10 pages. In the Joint Case Management Conference Statement, the parties shall propose a
7
schedule for discovery, a pretrial conference, and trial in the event the Court schedules a new trial.
8
Lead trial counsel must meet and confer before the parties file the Joint Case Management
9
United States District Court
For the Northern District of California
5
Statement.
10
11
12
13
14
15
16
17
18
19
20
To assist the Court in resolving the many pending disputes, the Court sets the following
briefing schedule:
(1) On April 9, 2013, Apple shall file a response, not to exceed six pages, to Samsung’s
contention that a new trial on damages alone violates the Seventh Amendment. See
Samsung Opposition to Apple’s Motion Seeking an April 3 Case Management Conference,
ECF No. 2286 at 5-10. On April 16, 2013, Samsung may file a reply, not to exceed five
pages.
(2) On April 9, 2013, Samsung shall file a response, not to exceed five pages, to Apple’s
contention that immediate appeal of this Court’s Order Re: Damages filed on March 1,
2013 is not viable. See Apple’s Motion Seeking an April 3 Case Management Conference,
ECF No. 2283, at 2. On April 16, 2013, Apple may file a reply, not to exceed four pages.
(3) On April 9, 2013, both parties shall file a statement, not to exceed four pages per party,
regarding when their US PTO reexaminations of the opposing party’s patents will conclude
and what effect the concluded reexaminations will have on any new trial or appeal. On
April 16, both parties may file a response, not to exceed two pages per party.
21
IT IS SO ORDERED.
22
Dated: April 2, 2013
23
24
_________________________________
LUCY H. KOH
United States District Judge
25
26
27
28
2
Case No. 11-CV-01846-LHK
ORDER RE: APPLE’S ADMINISTRATIVE MOTION SEEKING AN APRIL 3 CASE MANAGEMENT
CONFERENCE; APPLE’S MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION; SAMSUNG’S
MOTION FOR ENTRY OF PARTIAL JUDGMENT PURSUANT TO RULE 54(B) AND FOR STAY
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?