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

Filing 930

Administrative Motion to File Under Seal Samsung's Motion for Summary Judgment filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Motion for Summary Judgment, #2 Proposed Order Granting Samsung's Motion for Summary Judgment, #3 Trac Declaration in Support to Motion to File Under Seal, #4 Proposed Order Granting Motion to File Under Seal)(Maroulis, Victoria) (Filed on 5/17/2012) Modified on 5/21/2012 attachment #3 Declaration Sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

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1              LTD., SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG  TELECOMMUNICATIONS AMERICA, LLC  UNITED STATES DISTRICT COURT  NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION    APPLE INC., a California corporation, Plaintiff,   vs. CASE NO. 11-cv-01846-LHK [PROPOSED] ORDER GRANTING SAMSUNG'S MOTION FOR SUMMARY JUDGMENT 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,  Defendant.   02198.51855/4765762.1 Case No. 11-cv-01846-LHK [PROPOSED] ORDER GRANTING SAMSUNG'S MOTION FOR SUMMARY JUDGMENT 1 THE COURT, having considered Samsung’s Motion for Summary Judgment (the  “Motion”), the papers submitted by the parties and argument by counsel, HEREBY ORDERS that  Samsung is entitled to judgment under Federal Rule of Civil Procedure 56 as to the following:  1. Samsung’s Second Affirmative Defense (Patent Non-Infringement), as to  U.S. Patent 7,844,915, claim 8.  2. Samsung’s Third Affirmative Defense (Patent Invalidity), as to U.S. Patents  D618,677 (Invalid as Obvious); D593,087 (Invalid as Obvious); D504,889 (Invalid as Obvious);  D604,305 (Anticipated and Invalid as Obvious); D617,334 (Anticipated, Invalid as Obvious, and  Invalid Due to the On-Sale Bar); 7,864,163, claim 50 (Anticipated); 7,469,381, claim 19  (Anticipated); and 7,663,607, claim 8 (Anticipated and Invalid as Obvious).  3. Samsung’s Fifth Affirmative Defense (Functionality), as to Apple’s asserted 4. Apple’s claims for damages under its Twenty-Eighth and Twenty-Ninth  trade dresses.   Counterclaims (Sherman Act and Unfair Competition Law).   IT IS SO ORDERED.    DATED: HON. LUCY H. KOH          02198.51855/4765762.1 Case No. 11-cv-01846-LHK

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