STIPULATION AND [PROPOSED] ORDER EXTENDING AMENDED CONTENTION AND CLAIM CONSTRUCTION DEADLINES

JON S. TIGAR, District Judge.

Pursuant to Civil L.R. 6-2, 7-12 and Patent L.R. 1-3, Defendant Zscaler, Inc. ("Zscaler") and Plaintiff Finjan, Inc. ("Finjan") (collectively, the "Parties") respectfully and jointly submit the following Stipulation and [Proposed] Order extend the claim construction deadlines set forth previously in Dkt. 98, as granted by Dkt. 105, and the amended contentions deadlines set forth by Dkt. 105. Pursuant L.R. 6-2(a), this stipulated request is supported by the Declaration of Joshua D. Furman in Support of Stipulation and [Proposed] Order Extending Amended Contentions and Claim Construction Deadlines ("Furman Decl."). In support of the stipulated request, the parties state as follows:

1. Pursuant to the Court's Order Granting Zscaler's Motion to Enforce and Motion to Enlarge Deadlines at Dkt. 105, the deadlines for amended contentions and claim construction are currently as set forth below:

2. On January 28, 2019, the Court granted (Dkt. 105) Zscaler's Motion to Enforce Order (Dkt. 77) and Motion to Enlarge Deadlines (Dkt. 98). Finjan was ordered to provide further amended infringement contentions within 30 days, i.e., by February 27, 2019, and Zscaler permitted to serve amended claim constructions and invalidity contentions within 30 days of that service, i.e., by no later than March 29, 2019. In order to accommodate the orderly service of amended contentions by both parties in light of the remaining claim construction disclosure and briefing schedule, the parties have agreed to modify the deadlines for exchange of contentions, claim construction disclosures, and opening and responsive briefs, as further outlined below.

3. On January 31, 2019, Finjan requested the scheduling of a deposition of Zscaler, pursuant to Federal Rule of Civil Procedure 30(b)(6) and Civil L.R. 30-1, regarding certain technical topics by February 14, 2019, in advance of its current February 27, 2019 deadline to serve further amended infringement contentions. The parties have agreed to conduct the deposition of Zscaler's designated witness on February 27, 2019, to accommodate the witness's schedule. Accordingly, the parties have further agreed that Finjan's deadline to serve amended infringement contentions should be extended to March 8, 2019.

4. In order to conserve judicial and party resources, the parties have agreed to adjust the amended contentions and claim construction schedule in this case as follows:

5. This stipulation is without prejudice to Zscaler's right to seek a stay or staging of the case or requesting other case management relief from the Court to account for parallel proceedings involving the asserted patents. Finjan reserves the right to oppose any stay or staging or any prospective "other case management relief" that Zscaler may raise.

6. Aside from those listed above, this stipulation will not change or alter the date of any other event or any other deadline already established by Court order.

7. This stipulation will not change or alter the date of the Claim Construction Reply Brief, Tutorial or Hearing.

8. The schedule in this case has previously been modified with respect to eight events. On January 12, 2018 the parties stipulated to extend the time for Zscaler to respond to the Complaint until February 12, 2018, at Dkt. 14. The settlement conference date was also rescheduled from July 13, 2018 to September 11, 2018 at Dkt. 54, again to September 19, 2018 at Dkt. 67, and again to September 28, 2018 at Dkt. 70. The Court also granted the parties' stipulation to set the deadline for expert claim construction declarations at Dkt. 69, granted the parties' stipulation to extend deadlines for claim construction in Dkt. 74 in view of the court's Order to produce more detailed infringement contentions in Dkt. 72, and rescheduled the deadlines for claim construction briefing at Dkt. 85 in view of the then-pending Motion to Enforce at Dkt. 77, granted the parties' stipulation to extend the deadlines for the Joint Claim Construction Statement and exchange of expert claim construction reports in light of the Order to Show Cause hearing at Dkt. 90, extended the deadlines subject to Zscaler's Motion to Enlarge Deadlines on the Court's own motion at Dkt. 100, and extended the claim construction deadlines in light of the Court's granting Zscaler's Motions to Enforce and Enlarge Deadlines at Dkt. 105.

For the foregoing reasons, the Parties respectfully request that the Court modify the amended contentions and claim construction deadlines as set forth above.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, THE SCHEDULE IN THIS CASE IS MODIFIED AS SET FORTH ABOVE AND AS FOLLOWS:

IT IS SO ORDERED.