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Finjan, Inc. v. ESET, LLC

United States District Court, S.D. California

October 16, 2019

FINJAN, INC., Plaintiff,
v.
ESET, LLC et al., Defendants. AND RELATED COUNTERCLAIMS

          ORDER ON MOTIONS FOR SUMMARY JUDGMENT AND MOTIONS TO EXCLUDE OR STRIKE [DOC. NOS. 466, 467, 469, 470, 474, 476, 478, 479, 481, 483, 484, 486, 488, 490, 492, 494, 497, 499, 501, 506, 509, 510, 513, 515, 524, 526, 530, 531]

          HON. CATHY ANN BENCIVENGO, UNITED STATES DISTRICT JUDGE

         I. Introduction

         At the close of fact and expert discovery and in accordance with the scheduling order in this case, the parties filed motions for summary judgment, Daubert motions challenging each other's experts, and motions to exclude certain evidence. The Court provided no limitations regarding the number of dispositive motions that could be filed or total page limitations. The parties took extreme advantage of this and filed in total twenty-eight complex motions, putting before the Court an extraordinary number of issues purportedly without material facts in dispute and therefore proper for adjudication as a matter of law. Having reviewed the voluminous briefing, declarations and exhibits submitted by both parties, the Court concludes that for the majority of the substantive motions, facts were most definitely in dispute and summary judgment was not appropriate. Similarly, for the majority of the challenges to the admissibility of expert testimony, the Court concludes that the challenges go to the weight to be afforded the opinions. They are best challenged by cross-examination rather than deemed inadmissible and excluded as an exercise of the Court's gatekeeper role.

         A number of the motions to exclude certain evidence centered on accusations of untimely disclosures and resulting prejudice to the moving party. These accusations flew in both directions, and the pages of briefing allocated to these arguments of attorney misconduct were exhausting. Generally, the Court concludes that there was no undue prejudice and that all of the evidence in question can be presented to a jury.

         Of the twenty-eight motions, the Court held a hearing on six motions on September 26, 2019. [Doc. No. 679, transcript of 9/26/19 hrg.] Those six motions are addressed below. As to the remaining twenty-two motions, the Court issued tentative rulings [Doc. No. 695] which remain unchanged.

         II. ESET's Motions

         A. Summary Judgment of Non-Infringement, License or Unenforceability

         The Court finds numerous material facts in dispute as to the following motions and they are therefore DENIED.

• Doc. No. 470 Motion for Non-Infringement of CMPS
• Doc. No. 476 Motion for Non-Infringement of ‘621/'755 Patents
• Doc. No. 481 Motion for Non-Infringement of ‘844 Patent
• Doc. No. 484 Motion for Non-Infringement of ‘086 Patent
• Doc. No. 488 Motion for Non-Infringement of ‘780 Patent
• Doc. No. 486 Motion for License Defense
• Doc. No. 531 Motion for Unenforceability of ‘086, ‘621 and ‘755 Patents

         B. Motions to Exclude Experts and Strike Contentions

         The Court declines to exclude the experts contested in the motions listed below because their opinions are best challenged by cross-examination rather than exclusion. The motions are therefore DENIED. ESET's request to strike Finjan's Third Amended Infringement Contentions is also DENIED.

• Doc. No. 474 Exclusion of Bims
• Doc. No. 479 Exclusion of Mitzenmacher, Medvidovic, Goodrich and Cole
• Doc. No. 469 Exclusion of Orso[1]
• Doc. No. 492 Motion to Strike Third Amended Contentions

         III. ...


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