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

Filing 394

ORDER REGARDING STAY AND CASE NARROWING AND CONTINUING THE CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on 3/08/2013. (lhklc3, COURT STAFF) (Filed on 3/8/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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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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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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Counterclaim-Plaintiffs, )
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v.
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APPLE, INC., a California corporation,
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Counterclaim-Defendant. )
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Case No.: 12-CV-00630-LHK
ORDER REGARDING STAY AND
CASE NARROWING AND
CONTINUING THE CASE
MANAGEMENT CONFERENCE

On March 7, 2013, the parties in this action filed a joint status report regarding whether
they believed that a stay of this litigation was appropriate pending resolution of the appeal of the

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Case No.: 12-CV-00630-LHK
ORDER REGARDING STAY AND CASE NARROWING AND CONTINUING THE CASE MANAGEMENT
CONFERENCE

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parties’ separate litigation in Civil Action No. 11-CV-01846-LHK (the “1846 Case”). See ECF

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No. 393.

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“The District Court has broad discretion to stay proceedings as an incident to its power to

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control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997). In light of the parties’ joint

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status report, the Court will not stay the case. Accordingly, Defendants Samsung Electronics Co.,

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Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC shall

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not file a motion seeking this administrative relief. If circumstances change, the Court will notify

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the parties.

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As this case proceeds, the Court will require the parties to streamline the issues raised in

United States District Court
For the Northern District of California

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this action significantly. Therefore, within ten days after the Court issues its Claim Construction

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Order, the parties will be required to limit their asserted patent claims and accused products to

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twenty-five per side. In addition, the parties will be required to further narrow their asserted patent

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claims and accused products as well as limit their prior art references: before the close of expert

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discovery, before the Court considers any motions for summary judgment, after the Court rules on

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any motions for summary judgment, and again before the pretrial conference. Further, the parties

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will be required to limit the number of consulting and testifying experts. Unlike in the 1846 Case,

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the Court will not permit the parties to involve over fifty experts in this litigation.

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The Case Management Conference currently scheduled for March 27, 2013, is hereby

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CONTINUED to April 24, 2013, at 2:00 p.m. In the parties’ joint case management statement, the

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parties shall make a proposal as to the narrowing of this case consistent with this Order.

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IT IS SO ORDERED.

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Dated: March 8, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-00630-LHK
ORDER REGARDING STAY AND CASE NARROWING AND CONTINUING THE CASE MANAGEMENT
CONFERENCE