Implicit Networks, Inc. v. Juniper Networks, Inc.
Filing
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ORDER GRANTING IN PART JUNIPER'S MOTION TO COMPEL FURTHER AMENDED PATENT INFRINGEMENT CONTENTIONS AND CLAIM CHARTS (SIGNED) (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: 5/23/12
SUSAN ILLSTON
United States District Judge
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United States District Court
For the Northern District of California
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