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

Filing 956

OPPOSITION to ( #952 MOTION to Shorten Time For Briefing On Apple Inc.s Motion Pursuant To Rule 62(C) For Entry Of Preliminary Injunction Without Further Hearing ) filed by Samsung Electronics Co. Ltd.. (Maroulis, Victoria) (Filed on 5/21/2012) Modified text on 5/22/2012 (dhm, COURT STAFF).

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Bar No. 170151) charlesverhoeven@quinnemanuel.com 2 50 California Street, 22nd Floor 3 San Francisco, California 94111 Telephone: (415) 875-6600 4 Facsimile: (415) 875-6700 Kevin P.B. Johnson (Bar No. 177129 kevinjohnson@quinnemanuel.com Victoria F. Maroulis (Bar No. 202603) 6 victoriamaroulis@quinnemanuel.com 555 Twin Dolphin Drive, 5th Floor 7 Redwood Shores, California 94065-2139 (650) 801-5000 8 Telephone: Facsimile: (650) 801-5100 9 5 Michael T. Zeller (Bar No. 196417) michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor 11 Los Angeles, California 90017 12 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 13 10 14 Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, 15 INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 19 20 APPLE INC., a California corporation, Plaintiff, 21 22 vs. 23 SAMSUNG ELECTRONICS CO., LTD., a Korean business entity; SAMSUNG 24 ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG 25 TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, 26 Defendant. 27 CASE NO. 11-cv-01846-LHK SAMSUNG'S OPPOSITION TO MOTION TO SHORTEN TIME FOR BRIEFING ON APPLE'S MOTION PURSUANT TO RULE 62(C) FOR ENTRY OF PRELIMINARY INJUNCTION WITHOUT FURTHER HEARING 28 02198.51855/4768168.4 Case No. 11-cv-01846-LHK SAMSUNG'S OPPOSITION TO MOTION TO SHORTEN TIME FOR BRIEFING ON APPLE'S MOTION PURSUANT TO RULE 62(C) FOR ENTRY OF PRELIMINARY INJUNCTION WITHOUT FURTHER HEARING 1 MEMORANDUM OF POINTS AND AUTHORITIES Samsung opposes Apple's motion to shorten time on its Motion Pursuant to Rule 62(c) for 2 3 Entry of Preliminary Injunction without Further Hearing. First, Apple's motion is premature, as 4 the Federal Circuit retains jurisdiction, and Samsung intends to file a petition for rehearing in the 5 Federal Circuit. Second, Fed. R. Civ. P. 62(c), which codifies the right of the district court to 6 preserve the status quo through an injunction, does not apply to Apple’s motion on the merits. 7 Third, given the Federal Circuit's direction to review the preliminary injunction factors including 8 at least the balance of hardship and public interest factors, and given the severity and importance 9 of a preliminary injunction motion, Samsung should have the right to prepare and submit briefing 10 and oral argument to the Court. 11 I. The Federal Circuit Retains Jurisdiction until Issuance of a Mandate 12 Apple's Motion for Preliminary Injunction (and by extension Apple's Motion to Shorten 13 Time) is premature because the Federal Circuit retains jurisdiction. Once a notice of appeal is 14 filed, “it confers jurisdiction on the court of appeals and divests the district court of its control 15 over those aspects of the case involved in the appeal.” Griggs v. Provident Consumer Discount 16 Co., 459 U.S. 56, 59 (1982). The Federal Circuit retains jurisdiction of the case because “an 17 appellate court’s decision is not final until its mandate issues.” Beardslee v. Brown, 393 F.3d 899, 18 901 (9th Cir. 2004). “Until the mandate issues, a circuit court retains jurisdiction of the case and 19 may modify or rescind its opinion.” Id. In the instant case, because the Federal Circuit has not yet 20 issued a mandate, it retains jurisdiction to adjudicate Samsung's appellate rights, including the 21 right to seek panel rehearing or rehearing en banc. Therefore, the Court lacks jurisdiction and 22 should deny Apple’s motion to shorten time. 23 Moreover, any briefing on the issue of a preliminary injunction remains premature because 24 the Federal Circuit’s opinion remains subject to rehearing and revision until the mandate issues. 25 Samsung intends to file a petition for rehearing in the Federal Circuit. Any briefing done by the 26 parties at this juncture will likely waste judicial resources and may fail to address modifications or 27 clarifications issued by the Federal Circuit or else may require that briefing be supplemented, all 28 of which may result in unnecessary burden on this Court. 02198.51855/4768168.4 Case No. 11-cv-01846-LHK SAMSUNG'S OPPOSITION TO MOTION TO SHORTEN TIME FOR BRIEFING ON APPLE'S MOTION PURSUANT TO RULE 62(C) FOR ENTRY OF PRELIMINARY INJUNCTION WITHOUT FURTHER HEARING 1 II. Rule 62(c) Does Not Empower the District Court to Adjudicate Anew the Merits of 2 Apple’s Motion 3 Contrary to Apple’s position, Fed. R. Civ. P. 62(c) does not grant the district court the 4 power to issue an injunction while the Federal Circuit retains jurisdiction. Rather, as the Ninth 5 Circuit has held, Rule 62(c) is “merely expressive of a power inherent in the court to preserve the 6 status quo where, in its sound discretion, the court deems the circumstances so justify.” 7 McClatchy Newspapers v. Central Valley Typographical Union No. 46, 686 F.2d 731, 734 (9th 8 Cir. 1982) (emphasis added). “It does not restore jurisdiction to the district court to adjudicate 9 anew the merits of the case after either party has invoked its right of appeal and jurisdiction has 10 passed to an appellate court.” Id. (emphasis added). Thus, any action taken pursuant to Rule 11 62(c) may not materially alter the status of the case on appeal. NRDC v. Southwest Marine Inc., 12 242 F.3d 1163, 1166 (9th Cir. 2002). 13 In this case, Apple incorrectly seeks to have the Court “adjudicate anew” the preliminary 14 injunction motion. The matter before the Court – the propriety of the denial of a preliminary 15 injunction – is the exact same matter that is still pending on appeal before the Federal Circuit. To 16 have the Court adjudicate this issue is to improperly interfere with the Federal Circuit’s appellate 17 jurisdiction over the preliminary injunction decision. In contrast to Apple’s motion, a proper 18 motion under Rule 62(c) would seek only to “preserve the status quo.” This Court denied a 19 preliminary injunction and the Federal Circuit declined to order entry of one; thus the “status quo” 20 does not include an injunction against Samsung. 21 Apple does not cite a single case in which any court has applied rule 62(c) to issue a 22 temporary preliminary injunction while the mandate was still in the appellate court. The sole 23 decision Apple cites is a 1951 case involving a permanent, not preliminary injunction, that is 24 factually inapposite and actually supports Samsung. In U.S. v. El-O-Pathic Pharmacy, the Ninth 25 Circuit refused to issue mandate and chose to retain jurisdiction while the time for rehearing has 26 not yet expired. 192 F.2d 62, 78 (9th Cir. 1951). The court noted: “We should hesitate to issue a 27 mandate knowing that at the time it is issued we might have to recall it in order to entertain any 28 petition for rehearing.” Id. at 79. In its dicta, the Court examined Rule 62(c), and recognized that 02198.51855/4768168.4 Case No. 11-cv-01846-LHK SAMSUNG'S OPPOSITION TO MOTION TO SHORTEN TIME ON APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 OF SAMSUNG’S APEX EXECUTIVES -2- 1 in certain limited circumstance the Rule can be used by “the trial court, after an appeal, to make 2 orders appropriate to preserve the status quo while the case is pending in appellate court.” Id. 3 (emphasis added). No such facts are present here. The status quo is no injunction, as the Federal 4 Circuit did not direct entry of an injunction but instead vacated and remanded for further 5 consideration by this Court. Thus, the Court lacks jurisdiction under Rule 62(c) and Apple’s 6 motion is procedurally barred. 7 III. Samsung Should Have a Fair Opportunity to Oppose and the Right to a Hearing On 8 Apple’s Motion for Preliminary Injunction 9 As noted, the mandate remains in the Federal Circuit, and Samsung intends to exercise its 10 right to petition for rehearing. Until the appeal of this Court’s order denying a preliminary 11 injunction is concluded, and the mandate returned to this Court, setting a briefing schedule in this 12 Court on Apple’s motion is premature and wasteful. But when the appellate proceedings are final, 13 the Court should afford Samsung a full and fair opportunity for briefing and argument on any 14 remaining remand. A preliminary injunction is an extraordinary remedy, and shortened time 15 would be extremely prejudicial to Samsung given the importance of the dispute and potential harm 16 caused by any preliminary injunction. Moreover, any ruling by the Court would necessarily have 17 to take into account all relevant evidence at the time of decision, not the evidence as it existed 18 nearly six months ago when the Court issued its prior decision. The Court therefore should, once 19 the scope of any remand is clarified by the Federal Circuit, allow both parties the opportunity for 20 full and fair briefing, supplementation of the record, and oral argument. Apple’s attempt to thwart 21 these obvious prerequisites for issuance of any preliminary injunction should be rejected. 22 IV. CONCLUSION 23 For the foregoing reasons, Apple’s motion to shorten time should be denied. 24 25 26 27 28 02198.51855/4768168.4 Case No. 11-cv-01846-LHK SAMSUNG'S OPPOSITION TO MOTION TO SHORTEN TIME ON APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 OF SAMSUNG’S APEX EXECUTIVES -3- 1 DATED: May 21, 2012 Respectfully submitted, 2 QUINN EMANUEL URQUHART & SULLIVAN, LLP 3 4 5 6 7 8 9 10 By /s/ Victoria Maroulis Charles K. Verhoeven Kevin P.B. Johnson Victoria F. Maroulis Michael T. Zeller Rachel Herrick Kassabian Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02198.51855/4768168.4 Case No. 11-cv-01846-LHK SAMSUNG'S OPPOSITION TO MOTION TO SHORTEN TIME ON APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 OF SAMSUNG’S APEX EXECUTIVES -4-

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