“Apple’s impressively bold motion for a preliminary injunction against four Samsung products in the U.S. market proposed a hearing in one month from today: on August 5, 2011, at 1:30 PM Pacific Time ‘or as soon thereafter as the matter may be heard,'” Florian Mueller reports for FOSS patents.
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“Judge Lucy Koh has now told Apple that August 5 is too early,” Mueller reports. “In an order dated July 2, which I discovered only today and uploaded to Docstoc, she recalls that the parties wanted to conduct discovery for this particular purpose and expresses doubts over whether five weeks between the filing of the motion and a hearing would be enough to not only exchange pleadings but also conduct discovery.”
Read more in the full article here.
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Big blow to Apple!
Your tongue-in-cheek duly noted!
What is it about, “or as soon thereafter as the matter may be heard,” that you don’t get??
Yeah we know how you like a big blow!
Not a BIG blow ….. Court is asking both Apple and Samsung to agree on a date and if they cannot then the Court will provide a date …..
All Parties will be back in court in a few days with their date(s) …..
Hardly. This is just a law and motion ruling on a calendar date. Courts have fast track scheduling that can be intense given the case loads many lawyers carry. 4-5 weeks to get doc reqs served and docs exchanged, subpoenas served, depositions taken, interrogatories drafted, sent, responded to, etc. etc.? Wow. Even if a prelim injunction doesn’t require all that discovery, even a portion of that would be a challenge.
Sorry folks,
I’m an idiot, and I have no Idea what I’m saying.
I just can’t help myself.
Big blow my ass
This is the court system and it very rarely moves beyond a snails pace- at best.
Snail’s pace, you say? I was always impressed with the speed of justice in “Boston Legal” where cases would often be heard that very afternoon! Here in New Zealand, even serious criminal cases can take YEARS to get to trial yet an application for an interim injunction will usually be heard within DAYS. A successful applicant for an interim injunction faces severe financial penalties if the later application to turn it into a permanent injunction is not granted.