Finjan, Inc. v. Zscaler, Inc.

Filing 116

STIPULATION AND ORDER EXTENDING AMENDED CONTENTION AND CLAIM CONSTRUCTION DEADLINES re 115 STIPULATION AND [PROPOSED] ORDER re 105 Order on Motion for Extension of Time to Complete Discovery, filed by Zscaler, Inc.. Signed by Judge Jon S. Tigar on February 27, 2019. (wsn, COURT STAFF) (Filed on 2/27/2019)

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DURIE TANGRI LLP
SONAL N. MEHTA (SBN 222086)
[e-mail]
JOSEPH C. GRATZ (SBN 240676)
[e-mail]
ANDREW L. PERITO (SBN 269995)
[e-mail]
JOSHUA D. FURMAN (SBN 312641)
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ZSCALER, INC.

PAUL ANDRE (State Bar No. 196585)
[e-mail]
LISA KOBIALKA (State Bar No. 191404)
[e-mail]
JAMES HANNAH (State Bar No. 237978)
[e-mail]
AUSTIN MANES (State Bar No. 284065)
[e-mail]
KRAMER LEVIN NAFTALIS &
FRANKEL LLP
990 Marsh Road
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
FINJAN, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FINJAN, INC.,

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Case No. 3:17-cv-06946-JST-KAW
Plaintiff,

v.

STIPULATION AND [PROPOSED] ORDER
EXTENDING AMENDED CONTENTION
AND CLAIM CONSTRUCTION DEADLINES
Ctrm: 9, 19th Floor
Judge: Honorable Jon S. Tigar

ZSCALER, INC.,
Defendant.

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STIPULATION AND [PROPOSED] ORDER EXTENDING AMENDED CONTENTIONS AND CLAIM
CONSTRUCTION DEADLINES / CASE NO. 3:17-CV-06946-JST-KAW

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Pursuant to Civil L.R. 6-2, 7-12 and Patent L.R. 1-3, Defendant Zscaler, Inc. (“Zscaler”) and

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Plaintiff Finjan, Inc. (“Finjan”) (collectively, the “Parties”) respectfully and jointly submit the following

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Stipulation and [Proposed] Order extend the claim construction deadlines set forth previously in Dkt. 98,

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as granted by Dkt. 105, and the amended contentions deadlines set forth by Dkt. 105. Pursuant L.R. 6-

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2(a), this stipulated request is supported by the Declaration of Joshua D. Furman in Support of

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Stipulation and [Proposed] Order Extending Amended Contentions and Claim Construction Deadlines

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(“Furman Decl.”). In support of the stipulated request, the parties state as follows:

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1.

Pursuant to the Court’s Order Granting Zscaler’s Motion to Enforce and Motion to

Enlarge Deadlines at Dkt. 105, the deadlines for amended contentions and claim construction are

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currently as set forth below:

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Event

Current Date

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Service of Further Amended
Infringement Contentions

February 27, 2019

Last day to exchange expert
declarations regarding claim
construction

March 8, 2019

Close of claim construction
discovery

March 11, 2019

Finjan’s opening claim
construction brief

March 22, 2019

Service of Amended Claim
Construction Positions

March 29, 2019

Service of Amended
Invalidity Contentions

March 29, 2019

Zscaler’s responsive claim
construction brief

April 12, 2019

Finjan’s reply claim
construction brief

April 22, 2019

Tutorial

May 14, 2019, 1:30 PM

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Claim Construction Hearing

May 28, 2019, 1:30 PM

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STIPULATION AND [PROPOSED] ORDER EXTENDING AMENDED CONTENTIONS AND CLAIM
CONSTRUCTION DEADLINES / CASE NO. 3:17-CV-06946-JST-KAW

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2.

On January 28, 2019, the Court granted (Dkt. 105) Zscaler’s Motion to Enforce Order

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(Dkt. 77) and Motion to Enlarge Deadlines (Dkt. 98). Finjan was ordered to provide further amended

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infringement contentions within 30 days, i.e., by February 27, 2019, and Zscaler permitted to serve

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amended claim constructions and invalidity contentions within 30 days of that service, i.e., by no later

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than March 29, 2019. In order to accommodate the orderly service of amended contentions by both

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parties in light of the remaining claim construction disclosure and briefing schedule, the parties have

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agreed to modify the deadlines for exchange of contentions, claim construction disclosures, and opening

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and responsive briefs, as further outlined below.

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3.

On January 31, 2019, Finjan requested the scheduling of a deposition of Zscaler, pursuant

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to Federal Rule of Civil Procedure 30(b)(6) and Civil L.R. 30-1, regarding certain technical topics by

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February 14, 2019, in advance of its current February 27, 2019 deadline to serve further amended

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infringement contentions. The parties have agreed to conduct the deposition of Zscaler’s designated

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witness on February 27, 2019, to accommodate the witness’s schedule. Accordingly, the parties have

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further agreed that Finjan’s deadline to serve amended infringement contentions should be extended to

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March 8, 2019.

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4.

In order to conserve judicial and party resources, the parties have agreed to adjust the

amended contentions and claim construction schedule in this case as follows:

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Event

Current Date (per Dkt. 105)

Modified [Proposed] Date

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Service of Further Amended
Infringement Contentions

February 27, 2019

March 8, 2019

Service of Amended Claim
Construction Positions

March 29, 2019

March 15, 2019

Last day to exchange expert
declarations regarding claim
construction

March 8, 2019

March 22, 2019

Close of claim construction
discovery

March 11, 2019

March 22, 2019

Service of Amended
Invalidity Contentions

March 29, 2019

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UNCHANGED
March 29, 2019

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STIPULATION AND [PROPOSED] ORDER EXTENDING AMENDED CONTENTIONS AND CLAIM
CONSTRUCTION DEADLINES / CASE NO. 3:17-CV-06946-JST-KAW

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Event

Current Date (per Dkt. 105)

Modified [Proposed] Date

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Finjan’s opening claim
construction brief

March 22, 2019

April 1, 2019

Zscaler’s responsive claim
construction brief

April 12, 2019

April 15, 2019

April 22, 2019

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Finjan’s reply claim
construction brief

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Tutorial

May 14, 2019, 1:30 PM

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April 22, 2019

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UNCHANGED

UNCHANGED
May 14, 2019, 1:30 PM

Claim Construction Hearing

May 28, 2019, 1:30 PM

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UNCHANGED
May 28, 2019, 1:30 PM

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5.

This stipulation is without prejudice to Zscaler’s right to seek a stay or staging of the case

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or requesting other case management relief from the Court to account for parallel proceedings involving

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the asserted patents. Finjan reserves the right to oppose any stay or staging or any prospective “other

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case management relief” that Zscaler may raise.

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6.

Aside from those listed above, this stipulation will not change or alter the date of any

other event or any other deadline already established by Court order.
7.

This stipulation will not change or alter the date of the Claim Construction Reply Brief,

Tutorial or Hearing.
8.

The schedule in this case has previously been modified with respect to eight events. On

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January 12, 2018 the parties stipulated to extend the time for Zscaler to respond to the Complaint until

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February 12, 2018, at Dkt. 14. The settlement conference date was also rescheduled from July 13, 2018

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to September 11, 2018 at Dkt. 54, again to September 19, 2018 at Dkt. 67, and again to September 28,

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2018 at Dkt. 70. The Court also granted the parties’ stipulation to set the deadline for expert claim

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construction declarations at Dkt. 69, granted the parties’ stipulation to extend deadlines for claim

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construction in Dkt. 74 in view of the court’s Order to produce more detailed infringement contentions in

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Dkt. 72, and rescheduled the deadlines for claim construction briefing at Dkt. 85 in view of the then-

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pending Motion to Enforce at Dkt. 77, granted the parties’ stipulation to extend the deadlines for the Joint
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STIPULATION AND [PROPOSED] ORDER EXTENDING AMENDED CONTENTIONS AND CLAIM
CONSTRUCTION DEADLINES / CASE NO. 3:17-CV-06946-JST-KAW

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Claim Construction Statement and exchange of expert claim construction reports in light of the Order to

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Show Cause hearing at Dkt. 90, extended the deadlines subject to Zscaler’s Motion to Enlarge Deadlines

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on the Court’s own motion at Dkt. 100, and extended the claim construction deadlines in light of the

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Court’s granting Zscaler’s Motions to Enforce and Enlarge Deadlines at Dkt. 105.

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For the foregoing reasons, the Parties respectfully request that the Court modify the amended
contentions and claim construction deadlines as set forth above.
IT IS SO STIPULATED.

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Dated: February 25, 2019

DURIE TANGRI LLP

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By:

/s/ Joshua D. Furman
JOSHUA D. FURMAN

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Attorneys for Defendant
ZSCALER, INC.

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Dated: February 25, 2019

KRAMER LEVIN NAFTALIS & FRANKEL LLP

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By:

/s/ Austin Manes
AUSTIN MANES
Attorney for Plaintiff
FINJAN, INC.

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STIPULATION AND [PROPOSED] ORDER EXTENDING AMENDED CONTENTIONS AND CLAIM
CONSTRUCTION DEADLINES / CASE NO. 3:17-CV-06946-JST-KAW

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, THE SCHEDULE IN THIS CASE IS MODIFIED AS SET
FORTH ABOVE AND AS FOLLOWS:

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Event

Date

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Service of Further Amended
Infringement Contentions

March 8, 2019

Service of Amended Claim
Construction Positions

March 15, 2019

Last day to exchange expert
declarations regarding claim
construction

March 22, 2019

Close of claim construction
discovery

March 22, 2019

Service of Amended
Invalidity Contentions

March 29, 2019

Finjan’s opening claim
construction brief

April 1, 2019

Zscaler’s responsive claim
construction brief

April 15, 2019

Finjan’s reply claim
construction brief

April 22, 2019

Tutorial

May 14, 2019, 1:30 PM

Claim Construction Hearing

May 28, 2019, 1:30 PM

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IT IS SO ORDERED.

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February 27
Dated: ______________, 201

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HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER EXTENDING AMENDED CONTENTIONS AND CLAIM
CONSTRUCTION DEADLINES / CASE NO. 3:17-CV-06946-JST-KAW