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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 10-04234 SI

IMPLICIT NETWORKS, INC.,

ORDER ON IMPLICIT’S MOTION TO
COMPEL

Plaintiff,
v.
JUNIPER NETWORKS, INC.,
Defendant.

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Currently before the Court is Implicit’s motion to compel Juniper to produce the SRX source

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code files relied upon by Juniper’s expert, Dr. Peter Alexander, and to produce Dr. Alexander for an

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additional two hours of deposition. [Docket No. 152].

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Juniper points out that Implicit did not request production of this material until Dr. Alexander’s

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October 16th deposition was in progress, even though Implicit had Dr. Alexander’s rebuttal report,

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identifying portions of the source code he relied on, for over a month before the deposition commenced.

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Implicit could have, but did not, ask for production of hard copies of that material, as well as any

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additional source code Dr. Alexander reviewed, before his deposition.

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Juniper has agreed to produce hard copies of the source code files identified by Dr. Alexander

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in his expert report. [Docket No. 153]. The Court further ORDERS Juniper to produce hard copies of

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any source code that Dr. Alexander reviewed, as identified in his deposition. In all other respects, the

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motion is DENIED.

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IT IS SO ORDERED.

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Dated: November 8, 2012
SUSAN ILLSTON
United States District Judge