UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
July 18, 2011
APPLE INC., A CALIFORNIA CORPORATION,
SAMSUNG ELECTRONICS CO., LTD., A KOREAN BUSINESS ENTITY;
SAMSUNG ELECTRONICS AMERICA, INC., A NEW YORK CORPORATION;
SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY,
The opinion of the court was delivered by: Lucy H. Koh United States District Judge
ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION
On Friday, July 1, 2011, Plaintiff Apple, Inc. filed a motion for preliminary injunction to enjoin the Samsung Defendants from making, using, offering to sell, or selling within the United States, or importing into the United States, four of Samsung's recently released smart phones and 22 tablet computers. Apple seeks preliminary relief on grounds that Samsung's products infringe 23 three of Apple's design patents and one of Apple's utility patents. Pursuant to the Court's order, 24 the parties have submitted a statement outlining their proposals for a briefing and hearing schedule 25 for Apple's motion. Although both parties have proposed schedules that allow each side to take 26 discovery before its responsive brief is due, the parties disagree on exactly how much time is 27 required for discovery and briefing.
quickly as possible in order to prevent the irreparable harm that Apple alleges is caused by the 3 continuing sale of Samsung's products. However, the Court agrees with Samsung that Apple's 4 motion presents complex issues of patent infringement, validity, and construction, and seeks an 5 extraordinary form of relief. As such, the Court is inclined to provide the parties an opportunity to 6 brief the issues as fully as possible, thereby ensuring that the Court has sufficient information to 7 make an informed determination of the motion. Accordingly, the Court hereby adopts the 8 following briefing and hearing schedule for Apple's preliminary injunction motion:
The Court understands that Apple wishes to resolve the issue of preliminary relief as Task Deadline
Samsung's discovery requests Served prior to July 8, 2011
Apple's objections to Samsung's discovery due July 20, 2011
Document production due (produced on rolling basis) July 27, 2011
Deadline for Samsung's discovery from Apple August 8, 2011
Samsung's opposition brief due August 22, 2011
Apple's discovery requests due August 26, 2011
Samsung's objections to Apple's discovery due August 31, 2011
Document production due (produced on rolling basis) September 12, 2011
Deadline for Apple's discovery of Samsung September 21, 2011
Apple's reply brief due September 30, 2011
Hearing on motion for preliminary injunction October 13, 2011
The discovery sought under this schedule must be relevant to the preliminary injunction motion and may include discovery related to prior art, depositions of declarants, and other discovery related to infringement and validity issues. The Court encourages the parties to make all efforts to keep discovery requests reasonable in scope and narrowly tailored to address the preliminary injunction motion. If disputes arise, the parties must make a good faith effort to reach a mutually agreeable compromise, and lead trial counsel must meet and confer in person, before bringing the dispute before the Court.
IT IS SO ORDERED.
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