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

Filing 962

ORDER by Judge Lucy H. Koh granting #952 Motion to Shorten Time (lhklc2, COURT STAFF) (Filed on 5/21/2012)

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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 GRANTING MOTION TO
SHORTEN TIME

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Apple has filed a motion pursuant to Federal Rule of Civil Procedure 62(c) for entry of a
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preliminary injunction in light of the recent Federal Circuit’s decision remanding, in part, this
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Court’s preliminary injunction order. ECF No. 951. Apple has also filed a motion to shorten time
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on its motion for entry of a preliminary injunction. ECF No. 952. Samsung opposes the motion to
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shorten time because, it argues, the mandate has not issued in the Federal Circuit, and this Court
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therefore lacks jurisdiction to issue an injunction. ECF No. 956.
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While it appears that there is conflicting authority regarding whether this Court has
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jurisdiction to amend the order on the preliminary injunction prior to the issuance of the mandate
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from the Federal Circuit, the Court is also cognizant that prompt resolution of this matter is
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Case No.: 11-CV-01846-LHK
ORDER GRANTING MOTION TO SHORTEN TIME

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desirable. Accordingly, Apple’s motion to shorten time is granted, and the Court adopts the

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following briefing schedule on the preliminary injunction:

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Samsung shall file, by May 25, 2012, a 15 page brief, addressing the issues identified

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below. Apple shall file, by May 31, 2012, a 7 page brief, addressing the issues identified below. A

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hearing on the matter is set for June 7, 2012 at 1:30 pm.

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The parties shall address the following issues with respect to the Galaxy Tab 10.1 and the
limited remand order by the Federal Circuit: (1) whether the balance of the hardships favors issuing

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a preliminary injunction, (2) whether the public interest favors issuing a preliminary injunction,

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and (3) the appropriate amount of a bond pursuant to Federal Rule of Civil Procedure 65(c). The

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United States District Court
For the Northern District of California

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parties may also wish to further brief whether this Court has jurisdiction to amend the preliminary

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injunction order prior to the issuance of the mandate from the Federal Circuit. The Court will not

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entertain new evidence with respect to the issuance of the preliminary injunction EXCEPT with

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respect to the amount of a bond.

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IT IS SO ORDERED.

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Dated: May 21, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 11-CV-01846-LHK
ORDER GRANTING MOTION TO SHORTEN TIME