Finjan, Inc. v. Sonicwall, Inc.

Filing 255

Interim Order re 248 Discovery Letter Brief. Further submissions due by 5/4/2020. Signed by Judge Virginia K. DeMarchi on 4/28/2020. (vkdlc1S, COURT STAFF) (Filed on 4/28/2020)

Case 5:17-cv-04467-BLF Document 255 Filed 04/28/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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FINJAN, INC.,

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Plaintiff,

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INTERIM ORDER RE APRIL 17, 2020
JOINT DISCOVERY LETTER BRIEF

v.

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SONICWALL, INC.,

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United States District Court
Northern District of California

Case No. 17-cv-04467-BLF (VKD)

Re: Dkt. No. 248

Defendant.

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On April 28, 2020, the Court held a hearing on the parties’ discovery dispute concerning

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plaintiff Finjan, Inc.’s assertion of the attorney-client privilege and attorney work product

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protection over certain documents produced in another Finjan action1 against Cisco Systems, Inc.

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(“Cisco”). Dkt. No. 248. For the reasons discussed at the hearing, Finjan shall submit all disputed

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documents listed on Finjan’s privilege log (excluding listed deposition testimony that merely

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discusses the contents of a listed document) for in camera review by May 4, 2020. The disputed

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documents shall be submitted in electronic form to [e-mail]. The submitted

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documents should include highlighting to indicate which portions have been redacted on

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privileged or work product grounds.

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To assist the Court in determining whether Finjan waived work product protection, the

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parties shall submit the evidence on which they rely for their respective contentions that at the

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time the disputed documents were disclosed to Cisco’s board observer, Yoav Samet, Cisco and

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Mr. Samet did or did not have an obligation to maintain the disputed documents in confidence,

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Finjan, Inc. v. Cisco Systems, Inc., No. 5:17-cv00072-BLF-SVK (N.D. Cal.).

Case 5:17-cv-04467-BLF Document 255 Filed 04/28/20 Page 2 of 2

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and/or that the disputed documents were or were not disclosed to Mr. Samet in a manner that

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would enable an adversary to gain access to the information. The parties shall make these

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submissions by filing supplemental attorney declaration(s) identifying and attaching the evidence,

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without further argument. The Court requests that the parties submit their declarations with

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attached evidence by May 4, 2020.

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IT IS SO ORDERED.
Dated: April 28, 2020

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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