Smith Interface Technologies, LLC v. Apple Inc.

BACKGROUND

25 Magistrate Judge Ferraro’s Report and Recommendation contains a thorough and 26 accurate recitation of the factual and procedural history underlying Apple’s Motion. (See 27 R&R at 2–3.) This Order incorporates by reference the background set forth therein. 28 LEGAL STANDARD When a magistrate judge issues a report and recommendation on a motion pending before a district court judge, the district court must “make a de novo determination of those portion of the report . . . to which objection is made” and “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also United States v. Raddatz, 447 U.S. 667, 673–76 (1980); United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). But “[w]hen no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”1 Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment (citing Campbell v. U.S. Dist. Court, 501 F.2d 196, 206 (9th Cir.), cert. denied, 419 U.S. 879 (1974));…