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Finjan, Inc. v. Bitdefender Inc., 4:17-cv-04790-HSG. (2019)

Court: District Court, N.D. California Number: infdco20190717a48 Visitors: 4
Filed: Jul. 16, 2019
Latest Update: Jul. 16, 2019
Summary: PLAINTIFF FINJAN, INC.'S AND DEFENDANTS BITDEFENDER INC. AND BITDEFENDER S.R.L.'S STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO INTERROGATORY NO. 7 AND TO EXTEND DEADLINES FOR EXPERT REPORTS BY SEVEN DAYS HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to L.R. 7-12, Plaintiff Finjan, Inc. ("Finjan") and Defendants Bitdefender Inc. and Bitdefender S.R.L. (collectively, "Bitdefender") submit this Stipulation to Extend Defendants' Time to Respond to Interrogatory No. 7 pas
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PLAINTIFF FINJAN, INC.'S AND DEFENDANTS BITDEFENDER INC. AND BITDEFENDER S.R.L.'S STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO INTERROGATORY NO. 7 AND TO EXTEND DEADLINES FOR EXPERT REPORTS BY SEVEN DAYS

Pursuant to L.R. 7-12, Plaintiff Finjan, Inc. ("Finjan") and Defendants Bitdefender Inc. and Bitdefender S.R.L. (collectively, "Bitdefender") submit this Stipulation to Extend Defendants' Time to Respond to Interrogatory No. 7 past the deadline for fact discovery and Extend Deadlines for Expert Reports by one week.

WHEREAS, on May 21, 2019, Magistrate Judge Hixson ordered Finjan to respond to Bitdefender's Interrogatory No. 5 within 30 days, which concerned sources of proof for Finjan's infringement positions (Dkt. 114);

WHEREAS, on May 23, 2019, Bitdefender responded to Finjan's Interrogatory No. 7, which concerns sources of proof for Bitdefender's noninfringement positions, by stating that it will respond to Interrogatory No. 7 thirty days after receiving Finjan's answer to Interrogatory No. 5;

WHEREAS, on June 20, 2019, Finjan served its answer to Interrogatory No. 5;

WHEREAS, the parties continue to have a dispute concerning Finjan's response to Interrogatory No. 5 and are currently preparing a joint brief to the Magistrate Judge concerning this issue;

WHEREAS, the close of fact discovery in this case is July 12, 2019, the deadline to exchange opening expert reports is August 15, 2019, and the deadline to exchange rebuttal expert reports is September 12, 2019 (Dkt. 106);

WHEREAS, the parties agree that Bitdefender may serve its answer to Interrogatory No. 7 after the close of fact discovery, and no later than July 20, 2019;

WHEREAS, in order to accommodate the schedules of the parties and their experts, the parties additionally agree that the deadline to exchange opening expert reports shall be extended by seven (7) days to August 22, 2019 and the deadline to exchange rebuttal expert reports is extended to September 19, 2019;

WHEREAS, the requested extensions will have no other effect on the schedule in this case, other than as described above;

WHEREAS, the schedule in this case has previously been modified as follows: on December 15, 2017, the Court granted the parties stipulation to extend the time to enter Protective and ESI Orders (Dkt. 37); on December 27, 2017, the Court granted the parties stipulation to extend the mediation deadline (Dkt. 44); on January 1, 2018, the Court granted the parties stipulation regarding the litigation schedule (Dkt. 50); on March 3, 2018, the Court granted the parties' stipulation to extend the time for Finjan to respond to Bitdefender S.R.L.'s Answer and Counterclaim (Dkt. 63);

IT IS SO STIPULATED.

Respectfully submitted, Dated: July 12, 2019 By: /s/Austin Manes Paul J. Andre (SBN 196585) Lisa Kobialka (SBN 191404) James Hannah (SBN 237978) Austin Manes (SBN 284065) KRAMER LEVIN NAFTALIS & FRANKEL LLP 990 Marsh Road Menlo Park, CA 94025 Telephone: (650) 752-1700 Facsimile: (650) 752-1800 pandre@kramerlevin.com lkobialka@kramerlevin.com jhannah@kramerlevin.com amanes@kramerlevin.com Attorneys for Plaintiff FINJAN, INC. Respectfully submitted, By: /s/Michael Adamson Kalpana Srinivasan (SBN 237460) Oleg Elkhunovich (SBN 269238) Glenn Bridgman (SBN 298134) Michael B. Adamson (SBN 321754) SUSMAN GODFREY LLP 1900 Avenue of the Stars, Suite 1400 Los Angeles, CA 90067 Telephone: (310) 789-3100 Facsimile: (310) 789-3150 ksrinivasan@susmangodfrey.com oelkhunovich@susmangodfrey.com gbridgman@susmangodfrey.com madamson@susmangodfrey.com Ian B. Crosby (Pro Hac Vice) SUSMAN GODFREY LLP 1201 Third Avenue, Suite 3800 Seattle, WA 98101-3000 Telephone: (206) 516-3800 Facsimile: (206) 516-3883 icrosby@susmangodfrey.com Attorneys for Defendants BITDEFENDER S.R.L. and BITDEFENDER INC.

ATTESTATION

In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from any other signatory to this document.

/s/Austin Manes Austin Manes

ORDER

Having considered the parties' stipulation, and for good cause, the Court hereby ORDERS as follows:

Bitdefender shall serve its response to Interrogatory No. 7 no later than July 20, 2019; and

The deadline for exchanging opening expert reports is extended to August 22, 2019, and deadline for exchanging rebuttal expert reports is extended to September 19, 2019.

IT IS SO ORDERED.

Source:  Leagle

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