2Case No.: 12-cv-00630-LHKORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION
U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
(“the ’172 Patent”). The Court held a hearing on this motion on June 7, 2012. Having consideredthe parties’ submissions, argument, and the relevant law, and for the reasons discussed herein,Apple’s motion to preliminarily enjoin the Galaxy Nexus is GRANTED.
Both in the United States and globally, Apple and Samsung have established themselves asfierce competitors in the smartphone market and fierce adversaries in the courtroom. Thisparticular lawsuit, filed by Apple against Samsung on February 8, 2012, is but one action in aworldwide constellation of litigation between the two companies.
Compl., ECF No. 1; JointCase Management Statement 8-10, Apr. 25, 2012, ECF No. 141 at 8-10 (identifying over 40 relatedcases between the parties); Mot. at 6. Indeed, this Court is presiding over another lawsuit,
”), No. 11-cv-01846 (N.D. Cal. filed Apr. 15, 2011), in which Apple previouslymoved to preliminarily enjoin three earlier Samsung smartphone models (Samsung’s Galaxy S 4G,Infuse 4G, and Droid Charge), as well as the Samsung Galaxy Tab 10.1 tablet, based on allegedinfringement of various Apple design and utility patents. In a May 14, 2011 ruling, the FederalCircuit affirmed this Court’s denial of Apple’s motion to enjoin the three smartphones, but vacatedthe portion of the Court’s decision regarding the Samsung Galaxy Tab 10.1 tablet, and remandedfor further proceedings.
Apple v. Samsung
, 678 F.3d 1314 (Fed. Cir. 2012). Samsungpetitioned for rehearing and rehearing en banc, which was denied on June 19, 2012. On remand,the Court granted the motion for a preliminary injunction on June 26, 2012.The instant preliminary injunction motion, filed alongside the Complaint on February 8,2012, seeks to enjoin Samsung’s Galaxy Nexus smartphone, which was released in the U.S. inDecember 2011. Def.’s Opp’n to Mot. Prelim. Inj. (“Opp’n”) at 2. At the time this motion wasbriefed, the Galaxy Nexus was the latest in Samsung’s Galaxy line of Android-based smartphones,the first of which was released in 2009.
Opp’n at 2; Decl. of Christopher Vellturo (“Vellturo
On June 6, 2012, the day before the scheduled hearing on this motion, Apple filed a Motion toSupplement the Record Regarding Samsung’s Galaxy S III Product, seeking to expand the scope of the requested injunction to include Samsung’s Galaxy S III smartphone, a smartphone that Applenow also accuses of infringing the ’604 and ’647 patents. ECF No. 201. The Galaxy S III wasreleased in the United Kingdom on May 29, 2012, and had a U.S. release date of June 21, 2012.
On June 11, 2012, the Court denied Apple’s motion to supplement the record for this