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

Filing 37

ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR #10 MOTION for Preliminary Injunction. Preliminary Injunction Hearing set for 6/7/2012 01:30 PM. Signed by Judge Lucy H. Koh on 2/22/12. (lhklc3, COURT STAFF) (Filed on 2/22/2012)

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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 SETTING BRIEFING AND
HEARING SCHEDULE FOR
PRELIMINARY INJUNCTION MOTION

On February 8, 2012, Plaintiff Apple, Inc. (“Apple”) filed a complaint for patent

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infringement and a motion for preliminary injunction seeking to enjoin Defendants Samsung

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Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications

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America, LLC (collectively “Defendants”), from making, using, offering to sell, or selling within

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the United States, or importing into the United States, Samsung’s recently released Galaxy Nexus

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smartphone. See ECF Nos. 1 (Compl.), 10 (Mot. for Prelim. Inj.). Apple seeks preliminary relief

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on grounds that the Galaxy Nexus smartphone infringes four of Apple’s utility patents.

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Pursuant to Civil Local Rules 65-2 and 7-3, Defendants’ opposition would be due today,

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February 22, 2012, and Apple’s reply would be due February 29, 2012. However, in light of the
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Case No.: 12-CV-00630-LHK
ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION

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potential need for discovery, the Court sets the briefing schedule for Apple’s preliminary injunction

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motion as follows: Defendants’ opposition brief is due April 23, 2012; and Apple’s reply brief is

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due May 14, 2012. The hearing on Apple’s motion is set for June 7, 2012, at 1:30 p.m.

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The parties may obtain discovery relevant to the preliminary injunction motion. To ensure

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adequate discovery in a timely manner, the Court reduces the time to respond to discovery requests

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from 30 days after being served to 21 days. See, e.g., Fed. R. Civ. P. 33(b)(2), 34(b)(2)(A),

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36(a)(3). The Court encourages the parties to make all efforts to keep discovery requests

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reasonable in scope and narrowly tailored to address the preliminary injunction motion. If disputes

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arise, the parties must make a good faith effort to reach a mutually agreeable compromise, and lead

United States District Court
For the Northern District of California

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trial counsel must meet and confer in person, before bringing the dispute before the Court.

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IT IS SO ORDERED.

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Dated: February 22, 2012

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LUCY H. KOH
United States District Judge

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Case No.: 12-CV-00630-LHK
ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION