Finjan, Inc. v. Cisco Systems Inc.

Filing 190


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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FINJAN, INC., Plaintiff, 8 9 v. 10 CISCO SYSTEMS INC., 11 United States District Court Northern District of California Case No. 17-cv-00072-BLF (SVK) Defendant. FURTHER ORDER ON JOINT DISCOVERY LETTER RE FINJAN’S REQUEST TO COMPEL PRODUCTION OF CISCO EMAILS Re: Dkt. Nos. 175; 186 12 13 In the February 14, 2019 Order on Joint Discovery Letter re Finjan’s Request to Compel 14 Production of Cisco Emails, the Court ordered Cisco to provide additional information regarding 15 the requests for and production of documents relating to Cisco’s knowledge of Finjan’s patents in 16 the 2004-2009 time frame. ECF 178. On February 19, 2019, Cisco filed a statement in response 17 to the Court’s order. ECF 186. Based on Cisco’s Statement, the Court orders as follows: 18 1. With respect to each of the individuals listed in “Source 2” of Cisco’s Statement, Cisco 19 must identify their name, their title and (if not readily apparent from the title) their role 20 at Cisco, whether they are still employed by Cisco, whether Cisco has the employee’s 21 22 23 24 25 26 27 28 emails, and whether those emails have been searched for references to the Finjan patents-in-suit. Cisco must serve this information on Finjan by February 25, 2019. 2. If there are five or fewer individuals from the “Source 2” list whose emails are in Cisco's control but have not yet been searched, Cisco must search the emails for references to the Finjan patents-in-suit during the 2004-2009 time frame and produce them by March 6, 2019. If there are more than five such individuals, Finjan may select five custodians for additional search/production by Cisco, which must be completed by Cisco within ten (10) days of Finjan’s identification. Finjan’s selection 1 of custodians is without prejudice to Finjan moving to compel the search of additional 2 “Source 2” custodians with a proper show of good cause and proportionality in 3 accordance with Federal Rules of Civil Procedure 26 and 34. 4 5 SO ORDERED. Dated: February 21, 2019 6 7 SUSAN VAN KEULEN United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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