Usdc-Cala
U.S. Philips Corp. v. United States District Court for the Central District of California
Opinion
Opinion
MEMORANDUM
U.S. Philips Corporation (“Philips”) petitions for a writ of mandamus from the district court’s May 11, 2012 order granting KBC Bank, N.V.’s Motion to Discontinue the Evidentiary Hearing on the ground that it lacked jurisdiction. We construe the petition as a notice of appeal, see Calderon v. U.S. Dist. Court, 137 F.3d 1420 , 1422 (9th Cir.1998), and find the appeal timely. We reverse and remand with instructions that the Clerk of the Court reassign this matter to a different district court judge.
I
Because this is the third round of appeals in this matter, we review the procedural background in detail. Philips filed this patent infringement action in 2005 against KXD Technology and its affiliates (“KXD”). Philips was awarded treble compensatory damages in the amount of $87,765,249. On July 31, 2007, the district court found that KXD was “in the process of liquidating and concealing their assets,” and issued a temporary restraining order (“TRO”) freezing KXD’s assets. The TRO restricted “all persons ... in possession or control of [KXD’s] assets” from
On September 17, 2007, the district court entered a preliminary injunction (“PI”) incorporating the terms of the…