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

Filing 387

Declaration of Melissa Chan in Support of 258 Opposition/Response to Motion, filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22)(Related document(s) 258 ) (Maroulis, Victoria) (Filed on 11/9/2011)

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EXHIBIT 1 Case5:11-cv-01846-LHK Document115 Filed07/18/11 Page1 of 3 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 APPLE INC., a California corporation, ) ) Plaintiff, ) v. ) ) SAMSUNG ELECTRONICS CO., LTD., A ) Korean business entity; SAMSUNG ) ELECTRONICS AMERICA, INC., a New York ) corporation; SAMSUNG ) TELECOMMUNICATIONS AMERICA, LLC, ) a Delaware limited liability company, ) ) Defendants. ) ) ) Case No.: 11-CV-01846-LHK ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION On Friday, July 1, 2011, Plaintiff Apple, Inc. filed a motion for preliminary injunction to 20 enjoin the Samsung Defendants from making, using, offering to sell, or selling within the United 21 States, or importing into the United States, four of Samsung’s recently released smart phones and 22 tablet computers. Apple seeks preliminary relief on grounds that Samsung’s products infringe 23 three of Apple’s design patents and one of Apple’s utility patents. Pursuant to the Court’s order, 24 the parties have submitted a statement outlining their proposals for a briefing and hearing schedule 25 for Apple’s motion. Although both parties have proposed schedules that allow each side to take 26 discovery before its responsive brief is due, the parties disagree on exactly how much time is 27 required for discovery and briefing. 28 1 Case No.: 11-CV-01846-LHK ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION Case5:11-cv-01846-LHK Document115 1 Filed07/18/11 Page2 of 3 The Court understands that Apple wishes to resolve the issue of preliminary relief as 2 quickly as possible in order to prevent the irreparable harm that Apple alleges is caused by the 3 continuing sale of Samsung’s products. However, the Court agrees with Samsung that Apple’s 4 motion presents complex issues of patent infringement, validity, and construction, and seeks an 5 extraordinary form of relief. As such, the Court is inclined to provide the parties an opportunity to 6 brief the issues as fully as possible, thereby ensuring that the Court has sufficient information to 7 make an informed determination of the motion. Accordingly, the Court hereby adopts the 8 following briefing and hearing schedule for Apple’s preliminary injunction motion: 9 United States District Court For the Northern District of California 10 Task Deadline 11 Samsung’s discovery requests Served prior to July 8, 2011 12 Apple’s objections to Samsung’s discovery due July 20, 2011 13 Document production due (produced on rolling basis) July 27, 2011 14 Deadline for Samsung’s discovery from Apple August 8, 2011 15 Samsung’s opposition brief due August 22, 2011 16 Apple’s discovery requests due August 26, 2011 17 Samsung’s objections to Apple’s discovery due August 31, 2011 18 Document production due (produced on rolling basis) September 12, 2011 19 Deadline for Apple’s discovery of Samsung September 21, 2011 20 Apple’s reply brief due September 30, 2011 21 Hearing on motion for preliminary injunction October 13, 2011 22 23 The discovery sought under this schedule must be relevant to the preliminary injunction motion 24 and may include discovery related to prior art, depositions of declarants, and other discovery 25 related to infringement and validity issues. The Court encourages the parties to make all efforts to 26 keep discovery requests reasonable in scope and narrowly tailored to address the preliminary 27 injunction motion. If disputes arise, the parties must make a good faith effort to reach a mutually 28 2 Case No.: 11-CV-01846-LHK ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION Case5:11-cv-01846-LHK Document115 Filed07/18/11 Page3 of 3 1 agreeable compromise, and lead trial counsel must meet and confer in person, before bringing the 2 dispute before the Court. 3 IT IS SO ORDERED. 4 5 Dated: July 18, 2011 _________________________________ LUCY H. KOH United States District Judge 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 3 Case No.: 11-CV-01846-LHK ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION

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