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Finjan, Inc. v. Symantec Corp.

United States District Court, N.D. California

August 1, 2016

FINJAN, INC., Plaintiff,
v.
SYMANTEC CORP., Defendant.

          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 ...


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