Finjan, Inc. v. Zscaler, Inc.

Filing 74

STIPULATION AND ORDER re 73 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Extending Claim Construction Deadlines in Light of the Court's Order Regarding Infringement Contentions (Dkt. 72) filed by Finjan, Inc . Joint Claim Construction and Prehearing Statement 12/14/2018. Deadline to Exchange Expert Declarations In Support of Claim Construction 12/21/2018. Claim construction discovery cut-off 1/11/2019. Claim construction opening brief 1/22/2019. Cl aim construction responsive brief 2/12/2019. Claim construction reply brief 2/22/2019. Tutorial Hearing set for 3/12/2019 at 1:30 PM in San Francisco, Courtroom 9, 19th Floor. Claim Construction Hearing set for 3/25/2019 at 1:30 PM in San Francisco, Courtroom 9, 19th Floor. Signed by Judge Jon S. Tigar on September 5, 2018. (wsn, COURT STAFF) (Filed on 9/5/2018)

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 AND [PROPOSED]
ORDER EXTENDING CLAIM
CONSTRUCTION DEADLINES IN
LIGHT OF THE COURT’S ORDER
REGARDING INFRINGEMENT
CONTENTIONS (DKT. 72)

20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER EXTENDING
CLAIM CONSTRUCTION DEADLINES

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

1
2
3
4
5
6
7
8
9

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 Extending Claim
Construction Deadlines in Light of the Court’s Order Regarding Infringement Contentions at Dkt.
72 (“Stipulation”).
WHEREAS, under Patent Local Rule 4-3, the Parties’ Joint Claim Construction and
Prehearing Statement is due today, Friday, August 31, 2018;
WHEREAS, pursuant to the Court’s Scheduling Orders at Dkt. Nos. 53 and 69, the Court
set the following deadlines regarding claim construction:
Event

Current Deadline
August 31, 2018

12

Joint Claim Construction and Prehearing Statement
Deadline to Exchange Expert Declarations In Support
of Claim Construction

September 14, 2018 (see Dkt. 69)

13

Claim construction discovery cut-off

October 1, 2018

14

Claim construction opening brief

October 16, 2018

15

Claim construction responsive brief

November 6, 2018

16

Claim construction reply brief

November 16, 2018

17

Tutorial

November 27, 2018 at 1:30 p.m.

18

Claim construction hearing

December 11, 2018 at 1:30 p.m.

10
11

19

WHEREAS, this morning the Court issued an Order Granting Zscaler’s Motion to Compel

20

more specific infringement contentions within 45 days (Dkt. 72), and also granted Zscaler leave to

21

amend its invalidity contentions and claim construction positions 30 days after Finjan amends its

22

infringement contentions;

23

WHEREAS, the Parties agree that filing the Joint Claim Construction and Prehearing

24

Statement today, as well as filing various briefs and expert declarations, and preparing for hearings,

25

according to the existing schedule set forth above, will not be an efficient use of the Court’s or the

26

parties’ time and resources, since Zscaler may amend its claim construction positions in mid-

27

November pursuant to Dkt. 72;

28

1
STIPULATION AND [PROPOSED] ORDER EXTENDING
CLAIM CONSTRUCTION DEADLINES

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

1

WHEREAS, in order to conserve judicial and party resources, and comply with the Court’s

2

Order at Dkt. 72, the parties agree to adjust the claim construction schedule in this case as follows:

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

Event
Deadline for Finjan to Amend
its Infringement Contentions
Deadline for Zscaler to Amend
its Invalidity Contentions
Joint Claim Construction and
Prehearing Statement
Deadline to Exchange Expert
Declarations In Support of
Claim Construction
Claim construction discovery
cut-off
Claim construction opening
brief
Claim construction responsive
brief
Claim construction reply brief
Tutorial
Claim construction hearing

Current Deadline
October 15, 2018
(Dkt. No. 72)
November 14, 2018
(Dkt. No. 72)
August 31, 2018

Adjusted [Proposed] Deadline
No change

September 14, 2018

December 21, 2018

October 1, 2018

January 11, 2019

October 16, 2018

January 22, 2019

November 6, 2018

February 12, 2019

November 16, 2018
November 27, 2018,
1:30 p.m.
December 11, 2018,
1:30 p.m.

February 23 February 22, 2019
Subject to the Court’s calendar
March 12, 2019 at 1:30 p.m.
Subject to the Court’s calendar
March 25, 2019 at 1:30 p.m.

No change
December 14, 2018

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 three events. On

19

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

20

until February 12, 2018, which was effective under Civil Local Rule 6-1(a) at Dkt. 14. The

21

settlement conference date was also rescheduled from July 13, 2018 to September 11, 2018 at Dkt.

22

54, again to September 19, 2018 at Dkt. 67, and again to September 28, 2018 at Dkt. 70. The

23

Court also granted the parties’ stipulation to set the deadline for expert declarations in support of

24

claim construction positions at Dkt. 69, which the parties agree to further adjust as set forth above.

25
26
27
28

2
STIPULATION AND [PROPOSED] ORDER EXTENDING
CLAIM CONSTRUCTION DEADLINES

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 deadlines for claim construction are adjusted as

3

set forth above.

4

IT IS SO STIPULATED.

5
6

DATED: August 31, 2018

7
8
9
10
11
12
13
14

16
17

19
20
21
22
23
24
25
26
27
28

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]
Attorneys for Plaintiff
FINJAN, INC.

15

18

Respectfully submitted,

Respectfully submitted,
DATED: August 31, 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.

3
STIPULATION AND [PROPOSED] ORDER EXTENDING
CLAIM CONSTRUCTION DEADLINES

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

4
STIPULATION AND [PROPOSED] ORDER EXTENDING
CLAIM CONSTRUCTION DEADLINES

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

[PROPOSED] ORDER

1
2

Pursuant to stipulation, the schedule in this case is adjusted as set forth above.

3

IT IS SO ORDERED.

4
5
6
7

September 5, 2018
DATED: _________________

By:

Hon. Jon S. Tigar
United States District Judge

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

5
STIPULATION AND [PROPOSED] ORDER EXTENDING
CLAIM CONSTRUCTION DEADLINES

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