Implicit Networks, Inc. v. Juniper Networks, Inc.

Filing 164

ORDER ON IMPLICIT'S MOTION TO COMPEL 152 (Illston, Susan) (Filed on 11/8/2012)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 United States District Court For the Northern District of California 10 No. C 10-04234 SI IMPLICIT NETWORKS, INC., ORDER ON IMPLICIT’S MOTION TO COMPEL Plaintiff, v. JUNIPER NETWORKS, INC., Defendant. / 11 12 Currently before the Court is Implicit’s motion to compel Juniper to produce the SRX source 13 code files relied upon by Juniper’s expert, Dr. Peter Alexander, and to produce Dr. Alexander for an 14 additional two hours of deposition. [Docket No. 152]. 15 Juniper points out that Implicit did not request production of this material until Dr. Alexander’s 16 October 16th deposition was in progress, even though Implicit had Dr. Alexander’s rebuttal report, 17 identifying portions of the source code he relied on, for over a month before the deposition commenced. 18 Implicit could have, but did not, ask for production of hard copies of that material, as well as any 19 additional source code Dr. Alexander reviewed, before his deposition. 20 Juniper has agreed to produce hard copies of the source code files identified by Dr. Alexander 21 in his expert report. [Docket No. 153]. The Court further ORDERS Juniper to produce hard copies of 22 any source code that Dr. Alexander reviewed, as identified in his deposition. In all other respects, the 23 motion is DENIED. 24 IT IS SO ORDERED. 25 26 27 28 Dated: November 8, 2012 SUSAN ILLSTON United States District Judge

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