Case: 12-1309 Document; 38 Pagezl Fiiecf‘07124/2012

NOTE: This order is nonprecedential.

Uflniteh étatefi QJZuurt at Qppeals for the erheral Qttmu't

BROADCOM. CORPORATION, ‘ Plaintiff-Appel lee,

V.

EMULEX CORPORATION, Defendant-Appellant.

2012-1309 -

Appeal from the United States District Court for the Central District of California in case no. 09-CV-1058,

Judge James V. Selna.

ON MOTION

Before LOURIE, SCHALL, and DYK, Circuit Judges.

LOURIE, Circuit Judge. 0 R D E R

Emulex Corporation moves for a stay, pending appeal, of the permanent injunction of the United States District Court for the Central District of California, entered on March 16, 2012. Broadcom Corporation opposes. Emulex

replies.

Case: 12-1309 Document: 38 Page:2 FiledT07/24/2012

BROADCOM v. EMULEX 2

A stay of an injunction pending appeal is part of a court’s mtraditional equipment for the administration of justice.” Nken U. Holder, 129 S.Ct. 1749, 1757 (2009) (citing Scripps-Howard Radio, Inc. 0. FCC, 316 US. 4, 9— 10 (1942)). But a stay is an exercise of judicial discretion, not a matter of right. Id. at 1761. The party seeking a stay bears the burden of showing that the circumstances justify an exercise of that'discretion based on considera— tion of four factors, the first two of which are the most critical: (1) whether the stay applicant has made a strong showing of likelihood of success on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. Hilton 0. Braunskill, 481 US. 770, 776 (1987).

Without prejudicing the ultimate disposition of this case by a merits panel, we conclude based upon the papers submitted that Emulex has not met its burden to obtain a stay pending appeal.

Accordingly, IT IS ORDERED THAT:

The motion for a stay, pending appeal, of the injunc- tiOn of the United States District Court for the Central District of California is denied.

FOR THE COURT

JUL 2 4 2012 . Isl Jan HorbaI Date Jan Horbaly Clerk cc: Juanita R. Brooks, ESQ- S23 Wllham F. Lee, Esq' us COURFillFEiP EA ' 'THE FEDERAL€llRCIUSITFOR

JUL 2 4 2012

JAN HORBALY

CLERK