Finjan, Inc. v. Cisco Systems Inc.
ORDER GRANTING 144 DEFENDANT'S MOTION FOR LEAVE TO SUBMIT ADDITIONAL CLAIM CONSTRUCTION BRIEFING. Signed by Judge Beth Labson Freeman on 10/22/2018.(blflc3S, COURT STAFF) (Filed on 10/22/2018)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
Case No. 17-cv-00072-BLF
CISCO SYSTEMS INC.,
ORDER GRANTING DEFENDANT’S
MOTION FOR LEAVE TO SUBMIT
[Re: ECF 144]
United States District Court
Northern District of California
Before the Court is Defendant’s Motion for Leave to Submit Limited Additional Claim
Construction Briefing (“Motion”). Motion, ECF 144. Specifically, Defendant requests that the
Court construe four additional claims terms. Motion at 1. Plaintiff opposes Defendant’s Motion.
Opp’n, ECF 146. Although additional briefing may not be strictly necessary in light of the
Court’s prior constructions, the Court nevertheless finds that Defendant has shown a possible
“fundamental dispute” regarding the scope of the claim terms, and thus “good cause” that would
warrant such briefing on these claim terms. See O2 Micro Int’l Ltd. v. Beyond Innovation Tech.
Co., 521 F.3d 1351, 1362 (Fed. Cir. 2008); Finjan, Inc. v. Symantec Corp., 2016 WL 6563342, at
*1 (N.D. Cal. Nov. 4, 2016) (citing Patent Local Rule 1-3). Accordingly, Defendant’s Motion at
ECF 144 for additional claim construction briefing is GRANTED.
The additional briefing shall consist of no more than 10 pages for the opening brief; 10
pages for the response brief; and 5 pages for the reply brief. A hearing will not be held. The
Court recognizes that the proposed briefing schedule may not be feasible, and invites the parties to
jointly submit an updated briefing schedule.
IT IS SO ORDERED.
Dated: October 22, 2018
BETH LABSON FREEMAN
United States District Judge
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