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

Filing 1470

ORDER REGARDING LIMITED ADDITIONAL CLAIM CONSTRUCTION. Signed by Judge Lucy Koh on 3/18/14. (lhklc5S, COURT STAFF) (Filed on 3/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the 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 and Counterdefendant,
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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; and SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC, )
a Delaware limited liability company,
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Defendants and Counterclaimants. )
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Case No.: 12-CV-00630-LHK
ORDER REGARDING LIMITED
ADDITIONAL CLAIM
CONSTRUCTION

Late on March 13, 2014, Samsung moved for claim construction of the term “means for

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transmission of said captured video over a cellular frequency” in claim 15 of the ’239 patent. (ECF

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No. 1461.) On March 17, 2014, Apple responded that, should the Court agree to construe claim

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15, Apple seeks to file a summary judgment motion as to noninfringement of claim 15, and argues

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that Samsung waived any infringement arguments regarding equivalents to claim 15. (ECF No.

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1465).

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Upon consideration of the parties’ submissions, the impending March 31, 2014 trial date,
and the late timing of Samsung’s motion, it is hereby ORDERED that:
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Case No.: 12-CV-00630-LHK
ORDER REGARDING LIMITED ADDITIONAL CLAIM CONSTRUCTION

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Samsung may file a brief of no more than five pages regarding claim construction of

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“means for transmission of said captured video over a cellular frequency” in claim 15 of

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the ’239 patent, and the issue of whether it has waived infringement arguments based on

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equivalents as to claim 15. Samsung’s brief is due no later than March 19, 2014.

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•

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Apple’s brief is due no later than March 21, 2014.
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United States District Court
For the Northern District of California

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Apple may file a response brief of no more than five pages regarding the same issues.

Apple’s request to file a summary judgment motion on noninfringement of claim 15 is
denied.

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No hearing on these issues is currently scheduled. In their briefing, the parties may not
raise arguments regarding claim construction of any other claim terms.

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IT IS SO ORDERED.

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Dated: March 18, 2014

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_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-00630-LHK
ORDER REGARDING LIMITED ADDITIONAL CLAIM CONSTRUCTION