Finjan, Inc. v. Proofpoint, Inc. et al

Filing 444

ORDER DIRECTING FURTHER BRIEFING REGARDING 430 JOINT PRETRIAL STATEMENT. Signed by Judge Haywood S. Gilliam, Jr. on 5/16/2016. (ndrS, COURT STAFF) (Filed on 5/16/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FINJAN, INC., Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 13-cv-05808-HSG v. PROOFPOINT, INC., et al., Defendants. ORDER DIRECTING FURTHER BRIEFING REGARDING JOINT PRETRIAL STATEMENT Re: Dkt. No. 430 12 13 On May 11, 2016, Plaintiff Finjan, Inc. (“Plaintiff”) and Defendants Proofpoint, Inc. and 14 Armorize Technologies, Inc. (together, “Defendants”) filed their proposed joint pretrial statement 15 and order. Dkt. No. 430 (“JPTS”). Defendants raise two issues in the filing which require further 16 briefing before the final pretrial conference. 17 First, Defendants argue that “Finjan has [not] preserved for trial any infringement 18 allegations based on any claims of the ‘822 patent as to any accused product, and claims 8 and 12 19 of the ‘633 patent as to any accused product.” Id. at 3. Defendants provide no explanation why 20 that is true. For that reason, Defendants are DIRECTED to file a 1-2 page statement with the 21 Court by 5:00 p.m. on May 17, 2016, explaining the factual basis and legal argument supporting 22 this position. Plaintiff may file a 1-2 page response by 5:00 p.m. on May 18th. 23 24 25 26 27 28 Second, Defendants now suggest that there is an unresolved claim construction issue: “Defendants maintain their position, as set forth in their summary judgment briefing, that the ‘before a web server makes the Downloadable available to web clients’ limitation of the ‘844 patent must mean that the Downloadable has been published to the Internet by a web server and is thereby accessible to any web client. Defendants do not believe there is infringement under any reasonable construction of these terms, and disagree with Plaintiff’s position in its summary judgment briefing that imports extraneous limitations into the claim language ‘web clients’ by attempting to 1 2 3 limit the phrase to only an ‘end user.’ Accordingly, a fundamental dispute exists between the parties as to the meaning of claim terms, which is not a factual issue for the jury to decide. Defendants expressly reserve the right to appeal these claim construction issues arising out of the summary judgment briefing and the Court’s summary judgment order.” 4 Id. Because Defendants contend there is an unresolved claim construction issue regarding the 5 claim language “web clients” in the ‘844 patent, as set forth above, the parties are DIRECTED to 6 file simultaneous claim construction briefs of no more than 7 pages regarding this issue by 5:00 7 p.m. on May 20, 2016, so that the Court can resolve the issue in advance of trial. Neither party 8 may file a response to the other side’s brief: the matter will be taken under submission once the 9 simultaneous briefs are filed. The Court anticipates that this issue can be resolved without a 10 United States District Court Northern District of California 11 12 hearing; if a hearing will be held, the Court will schedule it after reviewing the parties’ briefs. IT IS SO ORDERED. Dated: 5/16/2016 13 14 HAYWOOD S. GILLIAM, JR. United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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