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

Filing 26

ORDER Granting in Part #12 MOTION to Shorten Time for Briefing and Hearing on Plaintiff's Motion to Expedite Discovery. Motion Hearing set for 5/12/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Lucy H. Koh. Signed by Judge Koh on 4/26/2011. (lhklc1, COURT STAFF) (Filed on 4/26/2011)

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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 business entity; 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 GRANTING IN PART MOTION
TO SHORTEN TIME

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On April 19, 2011, Plaintiff Apple, Inc. filed a Motion to Shorten Time for briefing and

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hearing its simultaneously filed motion to expedite discovery. Apple seeks expedited discovery

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regarding products that it believes are likely to infringe Apple’s intellectual property and which

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Defendants are preparing to introduce into the U.S. market. Apple claims that it will suffer

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substantial, imminent harm if those products are allowed to enter the market, and argues that

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expeditious resolution of its motion to expedite discovery will benefit both parties by providing

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greater certainty regarding the legal status of Defendants’ products prior to their launch dates.

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Apple states that if the motion to shorten time is not granted, Samsung’s products may have

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entered the marketplace before Apple’s motion for expedited discovery can be heard, and Apple

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will have lost any opportunity to prevent serious injury to its intellectual property rights.
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Case No.: 11-CV-01846-LHK
ORDER GRANTING IN PART MOTION TO SHORTEN TIME

Defendants Samsung Electronics America, Inc., and Samsung Telecommunications

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America, LLC (collectively “Samsung”) oppose Apple’s motion on several grounds. They argue,

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first, that the urgency of Apple’s motion is undermined by its delay in bringing this action or

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moving for expedited discovery. Defendants point out that although Apple relies upon press

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accounts issued in February and March 2011 to support its claim of infringement, Apple did not

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move for expedited discovery until April 19, 2011. Second, Samsung argues that it will be

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severely prejudiced if the Motion to Shorten Time is granted. Samsung notes that responding to

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Apple’s motion for expedited discovery will require coordination with Korea-based Samsung

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Electronics Co., Ltd., which has not yet been served, and argues that it needs sufficient time to

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United States District Court
For the Northern District of California

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analyze the prejudice it would face if Apple is granted expedited discovery. Finally, Samsung

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notes that Apple’s motion did not fully comply with the requirements of Civil Local Rule 6-3,

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which governs motions to shorten time.

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Based on the limited information available at this time, the Court finds merit to both

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parties’ arguments. Accordingly, the Court will set a briefing and hearing schedule intended to

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provide expeditious resolution of Apple’s motion, while also affording Samsung an adequate

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opportunity to analyze and respond to the motion. Apple’s motion for expedited discovery will be

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briefed and argued as follows:

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(1) Samsung’s opposition brief is due May 5, 2011;

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(2) Apple’s reply is due May 9, 2011;

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(3) The Court will hold a hearing, if necessary, on May 12, 2011, at 1:30 p.m. If the

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motion can be resolved without oral argument, the Court will inform the parties and

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vacate the motion hearing.

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In addition, Apple is directed to serve Samsung Electronics Co., Ltd. as soon as possible.
IT IS SO ORDERED.

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Dated: April 26, 2011

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LUCY H. KOH
United States District Judge

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Case No.: 11-CV-01846-LHK
ORDER GRANTING IN PART MOTION TO SHORTEN TIME