Fortinet, Inc v. Palo Alto Networks, Inc. et al

Filing 22

STIPULATION AND ORDER 21 to Amend Complaint. Signed by Judge Ronald M. Whyte on 8/11/09. (jg, COURT STAFF) (Filed on 8/11/2009)

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Andrew Leibnitz (State Bar No. 184723) [e-mail] Brian J. Keating (State Bar No. 167951) [e-mail] Megan W. Howard (State Bar No. 200759) [e-mail] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff FORTINET, INC.

*E-FILED - 8/11/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

FORTINET, INC., Plaintiff, vs. PALO ALTO NETWORKS, INC. and PATRICK R. BROGAN, Defendants. AND RELATED COUNTERCLAIMS.

Case No. CV 09-00036 RMW STIPULATION AND [] ORDER TO AMEND COMPLAINT Dept.: Judge: Courtroom 6, 4th Floor Honorable Ronald M. Whyte January 8, 2009 None set

Complaint Filed: Trial Date:

WHEREAS plaintiff Fortinet, Inc. ("Fortinet") is the assignee of U.S. Patent No. 7,519,990, issued April 21, 2009, after the Complaint in this suit was first filed; WHEREAS defendant Palo Alto Networks, Inc. ("PAN") has recently acquired U.S. Patent No. 6,912,272; and WHEREAS the parties desire to amend their Complaint and Counterclaims respectively solely to assert these patents; IT IS HEREBY STIPULATED by and between the parties, through their respective counsel undersigned, that:

STIPULATION AND ORDER TO AMEND COMPLAINT Case No. CV 09-0036 RMW

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

(1)

Fortinet shall have leave to file a First Amended Complaint pursuant to Federal

Rule of Civil Procedure 15(a)(2) to assert the '990 Patent. Fortinet shall file its First Amended Complaint within five days of entry of this Order. (2) Within 10 days of filing of Fortinet's First Amended Complaint, PAN shall file its

Answer to Fortinet's First Amended Complaint and Supplemental Counterclaims to assert the `272 Patent. (3) The Case Management Conference, currently set for August 21, 2009 at 10:30

a.m., is continued to October 9, 2009 at 10:30 a.m. The parties shall meet and confer pursuant to Federal Rule of Civil Procedure 26(f) by September 18, 2009 and file a Case Management Statement and complete initial disclosures or state objection in Rule 26(f) report by October 2, 2009.

Dated: August 10, 2009

FARELLA BRAUN & MARTEL LLP

By:

/s/ Roderick M. Thompson Roderick M. Thompson

Attorneys for Plaintiff FORTINET, INC. Dated: August 10, 2009 DURIE TANGRI LLP

By: /s/ Ragesh Tangri Ragesh Tangri Attorneys for Defendants PALO ALTO NETWORKS, INC. AND PATRICK R. BROGAN

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Roderick M. Thompson, attest that concurrence in the filing of this document has been obtained from the other signatories. I declare under penalty of perjury under the laws of the

STIPULATION AND ORDER TO AMEND COMPLAINT Case No. CV 09-0036 RMW

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

United States of America that the foregoing is true and correct. Executed this 11th day of August, 2009 at San Francisco, California. Dated: August 10, 2009 FARELLA BRAUN & MARTEL LLP

By: /s/ Roderick M. Thompson Roderick M. Thompson Attorneys for Plaintiff FORTINET, INC. [] ORDER Upon stipulation of the parties and good cause appearing therefore, IT IS SO ORDERED.

8/11 Dated: _______________, 2009
Hon. Ronald M. Whyte United States District Judge

STIPULATION AND ORDER TO AMEND COMPLAINT Case No. CV 09-0036 RMW

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