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

Filing 41

STIPULATION AND ORDER 37 for Leave to File Second Amended Complaint. Signed by Judge Ronald M. Whyte on 1/21/10. (jg, COURT STAFF) (Filed on 1/21/2010)

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MICHAEL A. LADRA (St. Bar No. 64037) Email: [e-mail] JAMES C. YOON (St. Bar No. 177155) Email: [e-mail] STEFANI E. SHANBERG (St. Bar No. 206717) Email: [e-mail] ROBIN L. BREWER (St. Bar No. 253686) Email: [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counterclaim Defendant FORTINET, INC.

DURIE TANGRI LLP RAGESH K. TANGRI (St. Bar No. 159497) Email: [e-mail] DARALYN J. DURIE (St. Bar No. 169825) Email: [e-mail] RYAN M. KENT (St. Bar No. 220441) Email: [e-mail] 332 Pine Street, Suite 2000 San Francisco, CA 94104-3214 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Counterclaim Plaintiffs PALO ALTO NETWORKS, INC. AND PATRICK BROGAN *E-FILED - 1/21/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FORTINET, INC., Plaintiff, v. PALO ALTO NETWORKS, INC., and PATRICK R. BROGAN, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 09-CV-00036-RMW STIPULATION AND [] ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

AND RELATED COUNTERCLAIMS.

WHEREAS Plaintiff and Counterclaim Defendant Fortinet, Inc. ("Fortinet") is the assignee of U.S. Patent No. 7,173,311 ("the `311 patent"), issued February 13, 2007, and U.S. Patent No. 7,580,974 ("the `974 patent"), issued August 25, 2009; WHEREAS Fortinet desires to file its Second Amended Complaint attached hereto as Exhibit A solely to assert these two additional patents;

STIPULATION AND [] ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT CASE NO: 09-CV-00036-RMW

Stipulation re filing second amended complaint.doc

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WHEREAS Fortinet makes this request to amend in good faith and out of a desire to conserve judicial and parties' resource, as the technology at issue in the `311 patent and the `974 patent is similar to that already at issue in this case; WHEREAS Defendant and Counterclaim Plaintiff Palo Alto Networks, Inc. ("Palo Alto Networks") does not oppose Fortinet filing a Second Amended Complaint to assert the `311 and `974 patents; WHEREAS Fortinet does not oppose an extension of Palo Alto Networks' deadline to respond to the Second Amended Complaint until 20 days after completion of the ENE/meditation scheduled for January 25-26, 2010, should the ENE/mediation be unsuccessful in resolving the dispute between the parties; IT IS HEREBY STIPULATED by and between the parties, through their respective counsel undersigned, that: Fortinet shall have leave to file a Second Amended Complaint attached hereto as Exhibit A pursuant to Federal Rule of Civil Procedure 15(a)(2) to assert the `311 and `974 patents, and Palo Alto Networks shall have until 20 days after completion of the ENE/mediation scheduled for January 25-26, 2010, to respond to the Second Amended Complaint. Dated: January 11, 2010 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Stefani E. Shanberg Stefani E. Shanberg

Attorneys for Plaintiff and Counterclaim Defendant FORTINET, INC. Dated: January 11, 2010 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Ryan M. Kent Ryan M. Kent

Attorneys for Defendants and Counterclaim Plaintiffs PALO ALTO NETWORKS, INC. AND PATRICK BROGAN PURSUANT TO STIPULATION, IT IS SO ORDERED. 1/21/ __ DATED: ______10 ______________
STIPULATION AND [] ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT CASE NO: 09-CV-00036-RMW

____________________________ The Honorable Ronald M. Whyte -2Stipulation re filing second amended complaint.doc