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

Filing 83

ORDER GRANTING IN PART JUNIPER'S MOTION TO COMPEL FURTHER AMENDED PATENT INFRINGEMENT CONTENTIONS AND CLAIM CHARTS (Illston, Susan) (Filed on 5/23/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IMPLICIT NETWORKS, INC.,

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United States District Court
For the Northern District of California

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No. C 10-04234 SI

Plaintiff,

ORDER GRANTING IN PART
JUNIPER’S MOTION TO COMPEL
FURTHER AMENDED PATENT
INFRINGEMENT CONTENTIONS AND
CLAIM CHARTS

v.
JUNIPER NETWORKS, INC.,
Defendant.

/

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Currently before the Court is defendant Juniper Networks’ motion to compel Implicit to provide

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further amended Patent Infringement Contentions and Claim Charts (PICs). Docket No. 77. On May

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9, 2012, this Court ordered Implicit to provide source code citations in its PICs on or before May 4,

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2012. On May 4, 2012, Implicit provided amended PICs to Juniper, but Juniper argues the amended

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PICs are still deficient because instead of providing source code citations on a limitation-by-limitation

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basis, Implicit has instead provided a narrative “overview” explaining how it believes Juniper’s flow-

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based processing infringes its patents, with code citations. Implicit argues that the amended PICs and

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use of the narrative overview provide a concise, clear, and adequate disclosure of its contentions.

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The Court has reviewed the examples of Implicit’s original and amended disclosures submitted

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and finds that the narrative overview in Implicit’s amended PICs – as supported by code citations –

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provides a good overview of its infringement contentions. However, that overview does not necessarily

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track the patent claims at issue on a limitation-by-limitation. Therefore, even though the Court is not

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certain that forcing Implicit to provide code citations limitation-by-limitation basis will benefit Juniper

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in its defense of this case, the Court will order Implicit to provide the code citations on a limitation-by-

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limitation basis. Implicit’s further amendments shall be limited to the citations and descriptions

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included in Implicit’s “overview,” but provided on a limitation-by-limitation basis. These amendments

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shall be provided within 15 days of the date of this Order.

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Juniper’s request for fees and costs associated with this motion is DENIED.

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IT IS SO ORDERED.

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Dated:
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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