Fortinet, Inc. v. Sophos, Inc. et al

Filing 290

ORDER re 218 Supplemental Briefing. Signed by Judge Edward M. Chen on 10/14/2015. (emclc2, COURT STAFF) (Filed on 10/14/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FORTINET, INC.,

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Plaintiff,

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ORDER RE SUPPLEMENTAL
BRIEFING

v.

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SOPHOS, INC., et al.,

Docket No. 218

Defendants.

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For the Northern District of California

United States District Court

Case No. 13-cv-05831-EMC

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Currently pending before the Court is Plaintiff Fortinet, Inc.‟s motion for summary

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judgment. See Docket No. 218 (motion). At the hearing on the motion, Fortinet raised an

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argument that it had not explicitly made in its papers with respect to the alleged invalidity

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(indefiniteness) of claim 9 of the „587 patent. More specifically, Fortinet argued that the first

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means-plus-function limitation in claim 9 (“means in a first data processor of the network for

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providing a second data processor of the network with a copy of an item of data which is stored

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for access by the first data processor”) was indefinite pursuant to Aristocrat Techs. Australia Pty

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Ltd. v .Int’l Game Tech., 521 F.3d 1328 (Fed. Cir. 2008).1

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To be clear, Aristocrat was cited in Fortinet‟s opening brief to the extent the PTAB had cited the
case in its decision on which Fortinet relied.

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Because this argument was not fully fleshed out in the parties‟ briefs, the Court hereby

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orders supplemental briefing as to whether the first means-plus-function limitation in claim 9 is

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indefinite under Aristocrat. Each party shall file a supplemental brief by 12:00 p.m., October 16,

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2015. The brief shall be no longer than five pages.

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IT IS SO ORDERED.

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Dated: October 14, 2015
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EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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