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

Filing 212

STIPULATION WITH PROPOSED ORDER Joint Submission Regarding the Samsung Galaxy S III filed by Apple Inc., Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Proposed Order)(Lyon, Hervey) (Filed on 6/8/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
APPLE INC., a California corporation,
Plaintiff,
v.
SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New York
corporation; and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC, a
Delaware limited liability company,

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Defendants.
SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New York
corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC, a
Delaware limited liability company,

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Counterclaim-Plaintiffs,
v.
APPLE INC., a California corporation,

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Counterclaim-Defendant.

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Gibson, Dunn &
Crutcher LLP

02198.51981/4803067.1

PROPOSED ORDER REGARDING SAMSUNG GALAXY S III
CASE NO. 5:12-CV-00630-LHK (PSG)

CASE NO. 5:12-cv-00630-LHK
[PROPOSED] ORDER SETTING
PROCEDURE REGARDING
SAMSUNG GALAXY S III

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Pursuant to the Court’s instructions during the hearing on June 7, 2012, for Apple Inc.’s
Motion for Preliminary Injunction, Plaintiff and Counterclaim-Defendant Apple Inc. (“Apple”) and
Defendants and Counterclaim-Plaintiffs Samsung Electronics Co., Ltd., Samsung Electronics
America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”) have met
and conferred regarding a procedure covering the Samsung Galaxy S III. The parties submitted a
proposal for such procedure accordingly.
Having considered the parties’ stipulated and agreed proposal for a procedure covering the
Samsung Galaxy S III, motion and declaration cited therein, IT IS HEREBY ORDERED that:
A.

By Tuesday, June 12, 2012, Samsung shall identify whether it contends that the

features of the Galaxy S III comparable to the accused features of the Galaxy Nexus are more than
colorably different from those Galaxy Nexus accused features. If Samsung does contend that there
are such differences, Samsung will identify the relevant differences between the respective features,
as well as any additional non-infringement arguments related to such differences that Samsung
contends exist. If Samsung does contend that there are such differences, Samsung also agrees to
make its best efforts to produce the source code implemented on the Samsung Galaxy S III relating to
the accused features by no later than Thursday, June 14, 2012.
B.

Within 3 days of Samsung’s statement described in paragraph (A), the parties shall

meet and confer to determine what additional discovery and briefing regarding the Samsung Galaxy
S III may be required, if any, and the amount, timing, and exact nature of any such discovery and
briefing.
IT IS SO ORDERED.

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Dated: __________________, 2012

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Gibson, Dunn &
Crutcher LLP

02198.51981/4803067.1

PROPOSED ORDER REGARDING SAMSUNG GALAXY S III
CASE NO. 5:12-CV-00630-LHK (PSG)

By: __________________________________
HONORABLE LUCY H. KOH
UNITED STATES DISTRICT JUDGE