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

Filing 86

MOTION for Preliminary Injunction filed by Apple Inc.. Motion Hearing set for 8/5/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 7/15/2011. Replies due by 7/22/2011. (Attachments: #1 Proposed Order)(Bartlett, Jason) (Filed on 7/1/2011)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

KENNETH H. BRIDGES (CA SBN 243541)
[e-mail]
MICHAEL T. PIEJA (CA SBN 250351)
[e-mail]
BRIDGES & MAVRAKAKIS LLP
3000 El Camino Real
One Palo Alto Square, 2nd Floor
Palo Alto, CA 94306
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff
APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,

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Plaintiff,

Case No. 11-cv-01846-LHK
[PROPOSED] PRELIMINARY
INJUNCTION

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,

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Defendants.
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[PROPOSED] ORDER PRELIMINARY INJUNCTION
CASE NO. 11-CV-01846-LHK
sf-3014658

Date:
Time:
Place:
Judge:

August 25, 2011
1:30 p.m.
Courtroom 4, 5th Floor
Hon. Lucy H. Koh

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Before the Court is Plaintiff Apple Inc.’s Motion for a Preliminary Injunction. In

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consideration of the entire record, Apple has demonstrated that it is likely to succeed on the

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merits of its design and utility patent infringement allegations against Defendants Samsung

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Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications

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America, Inc. (collectively “Samsung”); that it suffers irreparable harm from Samsung’s ongoing

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infringement, which results in the erosion of Apple’s market share, and good will; and that the

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balance of equities and public interest favor the protection of Apple, whose intellectual property

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was targeted by Samsung in its efforts to gain market share in the mobile device market.

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Accordingly, IT IS HEREBY ORDERED:

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Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung

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Telecommunications America, Inc., its officers, directors, partners, agents, servants, employees,

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attorneys, subsidiaries, and those acting in concert with any of them, are enjoined from making,

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using, offering to sell, or selling within the United States, or importing into the United States,

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Samsung’s Galaxy S 4G and Infuse 4G phones and Galaxy Tab 10.1 tablet computer, which are

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depicted in Apple’s moving papers, and any product that is no more than colorably different from

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these specified products and embodies any design contained in U.S. Design Patent No. D618,677,

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D593,087, or D504,889.

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Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung

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Telecommunications America, Inc., its officers, directors, partners, agents, servants, employees,

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attorneys, subsidiaries, and those acting in concert with any of them, are enjoined from making,

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using, offering to sell, or selling within the United States, or importing into the United States

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Samsung’s Galaxy S 4G, Infuse 4G, and Droid Charge phones and Galaxy Tab 10.1 tablet

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computer, and any product that is no more than colorably different from these specified products

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and infringes U.S. Patent No. 7,469,381.

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Dated: __________________, 2011

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_____________________________
HONORABLE LUCY H. KOH
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER PRELIMINARY INJUNCTION
CASE NO. 11-CV-01846-LHK
sf-3014658

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