Realtek Semiconductor Corporation v. LSI Corporation et al

Filing 122

ORDER by Judge Whyte granting 110 Motion for Bond (rmwlc1, COURT STAFF) (Filed on 7/3/2013)

1
2
3
4

E-FILED on 7/3/13

5
6
7
IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

SAN JOSE DIVISION

11
12
13
14
15
16
17

REALTEK SEMICONDUCTOR
CORPORATION,
Plaintiff,
v.
LSI CORPORATION
and AGERE SYSTEMS LLC,
Defendants.

No. C-12-3451 RMW

ORDER GRANTING ADMINISTRATIVE
MOTION TO SET $10,000 BOND
PURSUANT TO ISSUANCE OF
PRELIMINARY INJUNCTION
(Fed. R. Civ. P. 65(c))
[Re: Dkt. Nos. 110, 114]

18
19
20

Plaintiff Realtek Semiconductor Corporation ("Realtek") filed an administrative motion to

21

set a $10,000 bond pursuant to the court's issuance of a preliminary injunction in its May 20, 2013

22
23
24
25
26
27
28

Order (Dkt. No. 102). Admin. Mot., Dkt. No. 110. The court agrees with Realtek that a bond is
required under Federal Rule of Civil Procedure ("Rule") 65(c). Defendants do not oppose the
appropriateness of a bond, but respond that they "are currently unable to determine those 'costs and
damages sustained by any party found to have been wrongfully enjoined or restrained.'" Response
2, Dkt. No. 114 (quoting Rule 65(c)).
The court GRANTS Realtek's administrative motion. Because defendants do not propose
ORDER GRANTING ADMINISTRATIVE MOTION TO SET $10,000 BOND PURSUANT TO ISSUANCE OF PRELIMINARY
INJUNCTION (Fed. R. Civ. P. 65(c))—No. C-12-3451 RMW
ALG

1
2
3
4
5

another amount, the court sets the amount of the bond pursuant to the preliminary injunction at
$10,000. The court sets the bond without prejudice to defendants to seek an increase in the amount
of the bond should defendants establish that they would incur costs and damages in excess
of $10,000. Realtek is ordered to post the bond within ten days of the entry of this order.

6
7
8
9
United States District Court
For the Northern District of California

10

DATED:

July 3, 2013
RONALD M. WHYTE
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER GRANTING ADMINISTRATIVE MOTION TO SET $10,000 BOND PURSUANT TO ISSUANCE OF PRELIMINARY
INJUNCTION (Fed. R. Civ. P. 65(c))—No. C-12-3451 RMW
ALG
2