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

Filing 31

STIPULATION AND ORDER 30 Setting Preliminary Case Management Conference, Case Referred to ENE/Mediation with Dr. Nick Nichols. Further Case Management Conference set for 3/5/2010 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 10/26/09. (jg, COURT STAFF) (Filed on 10/26/2009)

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

Roderick M. Thompson (State Bar No. 96192) [e-mail] Andrew Leibnitz (State Bar No. 184723 [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.

Daralyn J. Durie (State Bar No. 169825) [e-mail] Ragesh Tangri (State Bar No. 159497) [e-mail] Ryan M. Kent (State Bar No. 220441) [e-mail] DURIE TANGRI LLP 332 Pine Street San Francisco, CA 94104 Telephone: [phone] Attorneys for Defendants-Counterclaim Plaintiffs PALO ALTO NETWORKS and PATRICK R. BROGAN

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA *E-FILED - 10/26/09* 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 SETTING PRELIMINARY CASE MANAGEMENT SCHEDULE Dept.: Judge: Courtroom 6, 4th Floor Honorable Ronald M. Whyte January 8, 2009 None set

Complaint Filed: Trial Date:

In accordance with the direction from the Court at the October 2, 2009 Case Management Conference, Plaintiff/Counter Defendant Fortinet Inc. ("Fortinet") and Defendants/Counterclaim Plaintiffs Palo Alto Networks, Inc. ("PAN") and Patrick R. Brogan ("Brogan") (collectively "Defendants") submit this Stipulated Case Management Order. 1. The parties shall exchange their Disclosures of Asserted Claims and Infringement

Contentions pursuant to Local Patent Rule 3-1 and make their Document Production Accompanying Disclosure pursuant to Local Patent Rule 3-2 on or before November 9, 2009.

STIPULATION AND ORDER SETTING CASE MANAGEMENT SCHEDULE / Case No. CV 09-0036 RMW

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

2.

The parties shall exchange their Invalidity Contentions pursuant to Local Patent

Rule 3-3, make their Document Production Accompanying Invalidity Contentions pursuant to Local Patent Rule 3-4(b) on or before December 11, 2009, and make their Document Production Accompanying Invalidity Contentions pursuant to Local Patent Rule 3-4(a) on or before November 16, 2009. 3. Plaintiff Fortinet shall be entitled to take a Rule 30(b)(6) deposition of Defendant

PAN regarding the technical operation of its accused devices. Defendants shall be entitled to take a Rule 30(b)(6) deposition of Plaintiff Fortinet regarding the technical operation of its accused devices. 4. The parties agree to make their witnesses available for the depositions as outlined

in the preceding paragraph, if requested, no later than January 15, 2010 and to participate in alternative dispute resolution ("ADR") before Dr. Nick Nichols before January 31, 2010. Should Dr. Nichols be unable to facilitate the parties' ADR process by January 31, 2010, the parties will agree upon an alternate neutral. The parties agree to participate in an Early Neutral Evaluation/Mediation ("ENE" and "mediation") according to the ADR Local Rules. Specifically, the parties agree that the ENE should convert to mediation such that Dr. Nichols would complete his evaluation but would then commence to mediate the case and would retain discretion to decide the best time at which to disclose the results of his evaluation. 5. The parties request a further Case Management Conference thereafter on February

19 or March 5, 2010. The Court sets the Case Management Conference for March 5, 2010 @ 10:30 a.m. __________________________. 6. Neither party shall be entitled to take discovery other than the discovery permitted

according to paragraphs 1-3 herein until and unless the Court permits such discovery at the Case Management Conference. If the Court is unable to schedule a Case Management Conference on or before March 19, 2010, however, Fortinet reserves the right to initiate discovery consistent with the Federal Rules of Civil Procedure, and Defendants reserve the right to object consistent with the Federal Rules of Civil Procedure.

STIPULATION AND ORDER SETTING CASE MANAGEMENT SCHEDULE / Case No. CV 09-0036 RMW

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

Dated: October 13, 2009

FARELLA BRAUN & MARTEL LLP

By:

/s/ Roderick M. Thompson Roderick M. Thompson Attorneys for Plaintiff FORTINET, INC.

Dated: October 13, 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 United States of America that the foregoing is true and correct. Executed this 13th day of October 2009, at San Francisco, California. Dated: October 13, 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.

10/26 Dated: _______________, 2009 Hon. Ronald M. Whyte United States District Judge

STIPULATION AND ORDER SETTING CASE MANAGEMENT SCHEDULE / Case No. CV 09-0036 RMW

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