Finjan, Inc. v. Cisco Systems Inc.

Filing 149

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)

Download PDF
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 FINJAN, INC., Plaintiff, 6 7 Case No. 17-cv-00072-BLF v. 8 CISCO SYSTEMS INC., 9 Defendant. ORDER GRANTING DEFENDANT’S MOTION FOR LEAVE TO SUBMIT ADDITIONAL CLAIM CONSTRUCTION BRIEFING [Re: ECF 144] 10 United States District Court Northern District of California 11 Before the Court is Defendant’s Motion for Leave to Submit Limited Additional Claim 12 Construction Briefing (“Motion”). Motion, ECF 144. Specifically, Defendant requests that the 13 Court construe four additional claims terms. Motion at 1. Plaintiff opposes Defendant’s Motion. 14 Opp’n, ECF 146. Although additional briefing may not be strictly necessary in light of the 15 Court’s prior constructions, the Court nevertheless finds that Defendant has shown a possible 16 “fundamental dispute” regarding the scope of the claim terms, and thus “good cause” that would 17 warrant such briefing on these claim terms. See O2 Micro Int’l Ltd. v. Beyond Innovation Tech. 18 Co., 521 F.3d 1351, 1362 (Fed. Cir. 2008); Finjan, Inc. v. Symantec Corp., 2016 WL 6563342, at 19 *1 (N.D. Cal. Nov. 4, 2016) (citing Patent Local Rule 1-3). Accordingly, Defendant’s Motion at 20 ECF 144 for additional claim construction briefing is GRANTED. 21 The additional briefing shall consist of no more than 10 pages for the opening brief; 10 22 pages for the response brief; and 5 pages for the reply brief. A hearing will not be held. The 23 Court recognizes that the proposed briefing schedule may not be feasible, and invites the parties to 24 jointly submit an updated briefing schedule. 25 26 27 28 IT IS SO ORDERED. Dated: October 22, 2018 ______________________________________ BETH LABSON FREEMAN United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?