Case 3:17-cv-05659-WHA Document 226 Filed 11/12/18 Page 1 of 2
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`I R E L L & M A N E L L A L L P
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`A REGISTERED LIMITED LIABILITY LAW PARTNERSHIP
`INCLUDING PROFESSIONAL CORPORATIONS
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`Hon. William Alsup
`U.S. District Court, Northern District of California
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`Re:
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`Finjan, Inc. v. Juniper Networks, Inc., Case No. 3:17-cv-05659-WHA
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`Dear Judge Alsup:
`Defendant Juniper Networks, Inc. (“Juniper”) writes in response to the Court’s
`November 6, 2018 Notice Re Second Round of Early Motions for Summary Judgment. See
`Dkt. No. 219.
`Juniper believes that, as each party has already selected the claim they believe is the
`strongest claim for them, a settlement of this case is likely after the parties have been able to fully
`litigate those claims and then engage in mediation or another form of alternative dispute resolution
`in an attempt to resolve their differences. Accordingly, Juniper respectfully requests that the Court
`delay commencement of a second round of early motions for summary judgment until the parties
`have completed litigating the first set of claims and engaged in a meaningful dispute resolution
`procedure.
`The Court indicated in its first Amended Case Management Order (Dkt. 35) that the
`outcome of the initial claims selected by the parties might “warrant an injunction or sanctions,
`depending on which side prevails,” Dkt. No. 35 at 4, and that “[t]he potential remedies [of an
`injunction or sanctions] will be litigated soon after the early motions for summary judgment are
`decided.” Id. Juniper believes that the outcome of this motion practice could help facilitate the
`ultimate resolution of this case, as it will provide unambiguous guidance on each party’s strongest
`claims. As parties in litigation may have unrealistic views of their own positions, Juniper believes
`this clear guidance from the Court can only help facilitate a realistic resolution of this matter. It
`would therefore be the most efficient use of the resources of the parties and the Court to schedule
`a dispute resolution procedure after final resolution of the claims currently in dispute, rather then
`proceed directly to another round of lengthy and complex motion practice on a set of less important
`claims. Accordingly, Juniper requests that the Court set a schedule for a sanctions/injunction
`hearing following the currently scheduled trial, and a date certain for the parties to complete a
`settlement procedure before scheduling a second round of early motions for summary judgment.
`If the Court elects to proceed with a second round of summary judgment motions before
`resolving all issues relating to the first round, Juniper requests that the Court vacate or reset all
`pre-trial dates (including fact and expert discovery) in the first Amended Case Management Order
`(Dkt. 35). See, e.g., Dkt. No. 35 at ¶ 6 (setting deadline for disclosure of opening expert reports
`under FRCP 26(a)(2) to be March 29, 2019, and requiring disclosure of opposition reports fourteen
`days after that and reply reports seven days thereafter). According to the current schedule set by
`the Court (see Dkt. No. 219), the opening, opposing, and reply expert report disclosure deadlines
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`10607881
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`Case 3:17-cv-05659-WHA Document 226 Filed 11/12/18 Page 2 of 2
`I R E L L & M A N E L L A L L P
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`A REGISTERED LIMITED LIABILITY LAW PARTNERSHIP
`INCLUDING PROFESSIONAL CORPORATIONS
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`
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`overlap significantly with the schedule for the second round of early motions for summary
`judgment:
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`February 14, 2019 Early motions for summary judgment
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`March 14, 2019
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`Oppositions to the early motions for summary judgment
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`March 29, 2019
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`Opening expert reports
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`April 4, 2019
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`Replies in support of early motions for summary judgment
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`April 13, 2019
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`Opposition expert reports
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`April 20, 2019
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`Reply expert reports
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`May 2, 2019
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`Hearing on early motions for summary judgment
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`This schedule would be unduly burdensome on both parties and their counsel.
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`Respectfully submitted,
`/s/ Jonathan S. Kagan________
`Jonathan S. Kagan
`IRELL & MANELLA LLP
`Attorneys for Defendant
`Juniper Networks, Inc.
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`10607881
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