Finjan, Inc. v. Zscaler, Inc.

Filing 69

STIPULATION AND ORDER re 68 STIPULATION WITH PROPOSED ORDER Stipulation Setting the Deadline for Exchange of Expert Declarations in Support of the Parties' Claim Constructions filed by Finjan, Inc. Signed by Judge Jon S. Tigar on August 29, 2018. (wsn, COURT STAFF) (Filed on 8/29/2018)

1
2
3
4
5
6
7
8
9

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]
Attorneys for Plaintiff
FINJAN, INC.

Sonal N. Mehta (State Bar No. 222086)
[e-mail]
Joseph C. Gratz (State Bar No. 240676)
[e-mail]
Andrew L. Perito (State Bar No. 269995)
[e-mail]
Joshua D. Furman (State Bar No. 312641)
[e-mail]
DURIE TANGRI LLP
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ZSCALER, INC.

10
11
12

IN THE UNITED STATES DISTRICT COURT

13

FOR THE NORTHERN DISTRICT OF CALIFORNIA

14

SAN FRANCSICO DIVISION

15

FINJAN, INC., a Delaware Corporation,
Plaintiff,

16
17
18
19

v.
ZSCALER, INC., a Delaware Corporation,
Defendant.

Case No.: 3:17-cv-6946-JST
STIPULATION SETTING THE
DEADLINE FOR EXCHANGE
OF EXPERT DECLARATIONS
IN SUPPORT OF THE PARTIES’
CLAIM CONSTRUCTIONS

20
21
22
23
24
25
26
27
28
STIPULATION EXTENDING TIME FOR EXCHANGE OF
EXPERT CLAIM CONSTRUCTION DECLARATIONS

Case No.: 3:17-cv-6946-JST

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Pursuant to Civil Local Rules 6-1 and 7-12, Plaintiff Finjan, Inc. (“Finjan”) and Defendant
Zscaler, Inc. (“Zscaler”) (collectively, the “Parties”) submit this Stipulation Setting the Deadline
For Exchange of Expert Declarations in Support of the Parties’ Claim Constructions
(“Stipulation”).
WHEREAS, under Patent Local Rule 4-3, the Parties’ Joint Claim Construction and
Prehearing Statement is due this Friday, August 31, 2018;
WHEREAS, the Parties are on schedule to file the Joint Claim Construction and Prehearing
Statement on August 31, 2018, and are currently meeting and conferring on their proposed
constructions and the ten terms the Court should construe, or “whose construction will be most
significant to the resolution” of the case;
WHEREAS, the Parties agree that preparing complete expert declarations now on more
terms than the Court will likely construe would be inefficient and a waste of resources;
WHEREAS, in the interests of efficiency and economy, and to avoid any ambiguity, the
Parties agree that they should identify the general substance of any expert testimony on which they
intend to rely under Patent Local Rule 4-3, as part of the Joint Claim Construction and Prehearing
Statement, but that they should not exchange and file complete expert declarations in support of
their claim construction positions until two weeks later on September 14, 2018;
WHEREAS, the parties have agreed to forego expert depositions on claim construction;
WHEREAS, this stipulation will not change or alter the date of any event or any deadline
already established by Court order; and
WHEREAS, the schedule in this case has been modified with respect to two events. On
January 12, 2018 the parties stipulated to extend the time for Zscaler to respond to the Complaint
until February 12, 2018, which was effective under Civil Local Rule 6-1(a) at Dkt. 14. The
settlement conference date was also rescheduled from July 13, 2018 to September 11, 2018 at Dkt.
54, and again to September 19, 2018 at Dkt. 67. Recently, the Parties agreed to Magistrate Judge
Beeler’s request to reschedule the settlement conference from September 19, 2018 to September
28, 2018, but the Court has yet to enter an order memorializing that agreement.
1
STIPULATION EXTENDING TIME FOR EXCHANGE OF
EXPERT CLAIM CONSTRUCTION DECLARATIONS

Case No.: 3:17-cv-6946-JST

1

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among

2

counsel for Finjan and counsel for Zscaler that the deadline for the Parties to exchange and file

3

expert declarations in support of their claim construction positions shall be September 14, 2018.

4

IT IS SO STIPULATED.

5
6
7

Respectfully submitted,
DATED: August 28, 2018

8
9
10
11
12
13
14

Attorneys for Plaintiff
FINJAN, INC.

15
16
17
18
19
20
21
22
23
24
25
26

By: /s/ Austin Manes
Paul Andre (SBN 196585)
Lisa Kobialka (SBN 191404)
James Hannah (SBN 237978)
Austin Manes (SBN 284065)
KRAMER LEVIN NAFTALIS
& FRANKEL LLP
990 Marsh Road
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Respectfully submitted,
DATED: August 28, 2018

By: /s/ Sonal N. Mehta
Sonal N. Mehta (State Bar No. 222086)
Joseph C. Gratz (State Bar No. 240676)
Andrew L. Perito (State Bar No. 269995)
Joshua D. Furman (State Bar No. 312641)
DURIE TANGRI LLP
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
ZSCALER, INC.

27
28

2
STIPULATION EXTENDING TIME FOR EXCHANGE OF
EXPERT CLAIM CONSTRUCTION DECLARATIONS

Case No.: 3:17-cv-6946-JST

1
2
3
4
5

ATTESTATION
In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from any other signatory to this document.
/s/ Austin Manes
Austin Manes

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
STIPULATION EXTENDING TIME FOR EXCHANGE OF
EXPERT CLAIM CONSTRUCTION DECLARATIONS

Case No.: 3:17-cv-6946-JST

1

IT IS SO ORDERED.

2
3
4

August 29, 2018
DATED: _______________

________________________________
Honorable Judge Jon S. Tigar

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
STIPULATION EXTENDING TIME FOR EXCHANGE OF
EXPERT CLAIM CONSTRUCTION DECLARATIONS

Case No.: 3:17-cv-6946-JST