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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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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; and SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC, )
a Delaware limited liability company,
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Defendants.
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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

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preliminary injunction, Apple filed a Motion to Supplement the Record Regarding Samsung’s

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Galaxy S III Product, seeking to expand the scope of the requested injunction to include Samsung’s

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Galaxy S III smartphone. See ECF No. 201. Samsung filed an opposition on June 6, 2012, arguing

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that “[i]t is too late to add new products to the pending motion for a preliminary injunction.” ECF

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No. 205 at 2. At the June 7, 2012 hearing on the preliminary injunction motion, Apple indicated

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that it was contemplating filing a motion for a temporary restraining order (“TRO”) to enjoin the

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Galaxy S III before June 21, 2012, the product’s U.S. release date. The Court advised Apple that if

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it filed a TRO to enjoin the Galaxy S III before June 21, 2012, the Court’s limited resources would
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Case No.: 12-cv-00630-LHK
ORDER RE: SAMSUNG GALAXY S III

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necessitate continuation of the hearing on the parties’ summary judgment and Daubert motions,

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currently scheduled for June 21, 2012. The Court ordered Apple to notify the Court by June 8,

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2012, whether it intended to file a TRO or not.

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Rather than do so, the parties filed a stipulation on June 8, 2012, in which they propose a

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procedure for addressing the Samsung Galaxy S III. See ECF No. 212. The parties’ proposal

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contemplates additional discovery and briefing regarding the Samsung Galaxy S III at some later,

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unspecified time, but ostensibly with the expectation that such additional discovery and briefing

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will take place on an expedited basis. See ECF No. 212. Thus, the parties have elected to proceed

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with their currently scheduled June 21, 2012 hearing on the parties’ summary judgment and

United States District Court
For the Northern District of California

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Daubert motions. The pending motion for preliminary injunction is fully briefed, and the Court

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will not consider any further discovery or briefing. An order on the pending motion for

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preliminary injunction will issue shortly. If Apple seeks to file a motion to enjoin sales of the

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Samsung Galaxy S III, Apple will have to request a new hearing date from the Court.

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IT IS SO ORDERED.

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Dated: June 11, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-cv-00630-LHK
ORDER RE: SAMSUNG GALAXY S III