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

Filing 912

ORDER by Judge Lucy H. Koh Regarding Parties' Statements Narrowing Claims; denying #910 Motion for Leave to File (lhklc2, COURT STAFF) (Filed on 5/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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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 REGARDING PARTIES’
STATEMENTS NARROWING CLAIMS
TO BE ASSERTED AT TRIAL

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Pursuant to the May 2, 2012 case management order, the parties filed statements identifying
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the claims they intend to pursue at trial. See ECF Nos. 901, 902, 907. The Court appreciates that
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the parties have significantly narrowed the claims that will be presented to the jury. However, it
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appears that further narrowing will be necessary before trial may begin.
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By 5:00 p.m. on Monday, May 21, 2012, each party shall file an up to three page statement
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explaining the potential impact, if any, of the pending and anticipated motions on the scope of the
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trial. For example, Samsung indicated that it intended to file a motion for summary judgment on
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May 17, 2012. Apple indicated that it would not file a motion for summary judgment. Both
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parties indicated that they would file numerous Daubert motions on May 17, 2012. Apple has
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already filed a motion seeking an adverse jury instruction based on Samsung’s spoliation of
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Case No.: 11-CV-01846-LHK
ORDER REGARDING PARTIES’ STATEMENTS NARROWING CLAIMS TO BE ASSERTED AT TRIAL

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evidence. Both parties indicated that they each would file one motion to strike late disclosed

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discovery and theories. If resolution of the pending and anticipated motions does not sufficiently

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narrow the case for trial, the Court will require the parties to further narrow their respective cases.

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Apple requests that its claims that will not be tried on July 30, 2012 be set for bench trial

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after the July 30 jury trial. Alternatively, Samsung requests that the Court order Apple to dismiss

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these claims with prejudice. Both requests are denied. Instead, the parties are ordered to file by

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5:00 p.m. on Monday, May 21, 2012, a Stipulation of Dismissal Without Prejudice dismissing both

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parties’ claims that will not be tried on July 30, 2012.

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Finally, the Court denies Apple’s administrative motion for leave to file a response to

United States District Court
For the Northern District of California

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Samsung’s statement identifying claims it will assert at trial.

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IT IS SO ORDERED.

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Dated: May 10, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 11-CV-01846-LHK
ORDER REGARDING PARTIES’ STATEMENTS NARROWING CLAIMS TO BE ASSERTED AT TRIAL