STIPULATION AND ORDER GRANTING LEAVE TO SUPPLEMENT INFRINGEMENT AND INVALIDITY CONTENTIONS

HAYWOOD S. GILLIAM, Jr., District Judge.

Pursuant to Patent Local Rule 3-6, Civil Local Rules 6-1(b), 6-2, and 7-12, Plaintiff Finjan, Inc. ("Finjan") and Defendant Symantec Corporation ("Symantec") (collectively, "the Parties"), by and through their respective counsel, hereby stipulate to the following request for leave to amend the infringement and invalidity contentions served under Patent Local Rule 3-6:

WHEREAS, pursuant to Patent Local Rule 3-1 and the parties' agreement (Dkt. No. 46), Finjan served its disclosure of asserted claims and infringement contentions ("Infringement Contentions") on December 4, 2014;

WHEREAS, Finjan asserts that the Infringement Contentions comply with the Patent Local Rules, and Symantec contends they do not;

WHEREAS, Finjan and Symantec met and conferred from January 28, 2015 to March 2, 2015 and agreed to the following to avoid motion practice: (a) Finjan may supplement its Infringement Contentions by April 23, 2015, and (b) to the extent that Finjan's supplemental infringement contentions provide new or different interpretation of the asserted claims, Symantec may supplement its invalidity contentions by June 8, 2015;

WHEREAS, Finjan served requests for production on September 16, 2014 and Symantec's production of certain confidential documents and source code relating to the accused products began on January 30, 2015 with its Patent Local Rule 3-4 production and is ongoing;

WHEREAS, fact discovery is ongoing in this case and no depositions have been taken to date,

WHEREAS, the Court has not yet construed the claims nor set a deadline for the close of fact discovery (Dkt. No. 63);

WHEREAS, neither Finjan nor Symantec have previously sought leave from the Court to amend their infringement or invalidity contentions;

WHEREAS, the requested leave should not have any material effect on the remaining schedule in this case;

WHEREAS, in light of the foregoing, the Parties agreed that there is good cause for Finjan to supplement its Infringement Contentions by April 23, 2015, and for Symantec to supplement its invalidity contentions to the extent the Amended Infringement Contentions provide new or different interpretation of the asserted claims;

NOW THEREFORE, the Parties hereby stipulate to and request an order granting Finjan leave to amend its infringement contentions by April 23, 2015, and Symantec leave to supplement its invalidity contentions by June 8, 2015 to the extent that Finjan's supplemental infringement contentions provide new or different interpretation of the asserted claims.

IT IS SO STIPULATED.

Respectfully submitted,

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

There being a showing of good cause based on the Parties' stipulation, Finjan, Inc. may supplement its infringement contentions by April 23, 2015, and Symantec Corp. may supplement its invalidity contentions by June 8, 2015 to the extent that Finjan's supplemental infringement contentions provide new or different interpretation of the asserted claims .