Finjan, Inc. v. Symantec Corp.

          SCHEDULING ORDER; ORDER LIFTING THE STAY

          HAYWOOD S. GILLIAM, JR. United States District Judge.

         In light of the parties’ joint case management statement, Dkt. No. 124, indicating that the U.S. Patent Trial and Appeal Board denied institution of inter partes review on seven of Finjan’s eight asserted patents, the Court lifts the stay set in Dkt. No. 117. Additionally, the Court sets the following case deadlines pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10:

Event	Court’s Deadline
Close of Fact Discovery	120 days after the Court’s claim construction order
Opening Expert Reports	28 days after the close of fact discovery
Rebuttal Expert Reports	28 days after opening expert reports
Close of Expert Discovery	28 days after rebuttal expert reports
Opening Summary Judgment Briefs	21 days after the close of expert discovery
Responsive Summary Judgment Briefs	14 days after opening summary judgment briefs
Reply Summary Judgment Briefs	7 days after response summary judgment briefs
Summary Judgment Hearings	At least 35 days after opening summary judgment briefs
Final Pretrial Conference	90 days after the summary judgment hearing (subject to the convenience of the Court’s calendar)
Trial	28 days after the final pretrial conference (subject to the convenience of the Court’s calendar)

         Pursuant to Dkt. No. 56, the following dates remain in place:

Event	Deadline
Preliminary Election of Asserted Claims	No later than 21 days after Claim Construction Order
Preliminary Election of Asserted Prior Art	No later than 14 days after service of a Preliminary Election of Asserted Claims
Second Election of Asserted Claims	No later than 30 days before opening expert reports are due
Second Election of Asserted Prior Art	No later than 14 days after service of a Second Election of Asserted Claims

         These dates may only be altered by order of the Court and only upon a showing of good cause. The parties are directed to review and comply with this Court’s Civil Pretrial and Trial Standing Order.

         IT ...