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

Filing 213

Order by Hon. Lucy H. Koh Re: #212 Stipulation Regarding the Samsung Galaxy S III.(lhklc3, COURT STAFF) (Filed on 6/11/2012)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 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, ) ) Defendants. ) ) Case No.: 12-CV-00630-LHK ORDER RE: JOINT SUBMISSION REGARDING THE SAMSUNG GALAXY S III (re: dkt #212) On June 5, 2012, just two days before the scheduled hearing on Apple’s motion for a 21 preliminary injunction, Apple filed a Motion to Supplement the Record Regarding Samsung’s 22 Galaxy S III Product, seeking to expand the scope of the requested injunction to include Samsung’s 23 Galaxy S III smartphone. See ECF No. 201. Samsung filed an opposition on June 6, 2012, arguing 24 that “[i]t is too late to add new products to the pending motion for a preliminary injunction.” ECF 25 No. 205 at 2. At the June 7, 2012 hearing on the preliminary injunction motion, Apple indicated 26 that it was contemplating filing a motion for a temporary restraining order (“TRO”) to enjoin the 27 Galaxy S III before June 21, 2012, the product’s U.S. release date. The Court advised Apple that if 28 it filed a TRO to enjoin the Galaxy S III before June 21, 2012, the Court’s limited resources would 1 Case No.: 12-cv-00630-LHK ORDER RE: SAMSUNG GALAXY S III 1 necessitate continuation of the hearing on the parties’ summary judgment and Daubert motions, 2 currently scheduled for June 21, 2012. The Court ordered Apple to notify the Court by June 8, 3 2012, whether it intended to file a TRO or not. 4 Rather than do so, the parties filed a stipulation on June 8, 2012, in which they propose a 5 procedure for addressing the Samsung Galaxy S III. See ECF No. 212. The parties’ proposal 6 contemplates additional discovery and briefing regarding the Samsung Galaxy S III at some later, 7 unspecified time, but ostensibly with the expectation that such additional discovery and briefing 8 will take place on an expedited basis. See ECF No. 212. Thus, the parties have elected to proceed 9 with their currently scheduled June 21, 2012 hearing on the parties’ summary judgment and United States District Court For the Northern District of California 10 Daubert motions. The pending motion for preliminary injunction is fully briefed, and the Court 11 will not consider any further discovery or briefing. An order on the pending motion for 12 preliminary injunction will issue shortly. If Apple seeks to file a motion to enjoin sales of the 13 Samsung Galaxy S III, Apple will have to request a new hearing date from the Court. 14 IT IS SO ORDERED. 15 16 Dated: June 11, 2012 _________________________________ LUCY H. KOH United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-cv-00630-LHK ORDER RE: SAMSUNG GALAXY S III

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