STIPULATION AND [PROPOSED] ORDER GRANTING SYMANTEC LEAVE TO AMEND ITS ANSWER

RICHARD SEEBORG, District Judge.

WHEREAS, Plaintiff Finjan, Inc. ("Finjan") filed its Amended Complaint in this action on September 11, 2014;

WHEREAS, Defendant Symantec Corp. ("Symantec") filed its Answer and Counterclaims on September 25, 2014;

WHEREAS, Finjan filed a Motion to Strike Symantec's Fourteenth Affirmative Defense on October 16, 2014 ("Motion to Strike") (Dkt. No. 40);

WHEREAS, subject to the Court's approval, Finjan and Symantec agree that Symantec may file the Amended Answer and Counterclaims attached hereto as Exhibit A, and that upon such filing, Finjan will withdraw its Motion to Strike;

WHEREAS, Finjan and Symantec also agree that Symantec has not waived any rights by amending its answer and that Symantec expressly reserves the right to seek leave of the Court to amend Symantec's answer to assert affirmative defenses under the doctrines of waiver, unclean hands, equitable estoppel, laches and/or other equitable defenses;

WHEREAS Symantec has not previously sought leave of the Court in this action to amend its Answer; and

WHEREAS, the Amendment will not affect the Court's schedule

NOW THEREFORE IT IS HEREBY STIPULATED by the parties, that Symantec may file the Amended Answer attached as Exhibit A.

I hereby attest pursuant to Civil Local Rule 5-1(i) that concurrence in the electronic filing of this document has been obtained from the other signatories.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Symantec shall file their Amended Answer within five days of the date of this Order.