Case 3:17-cv-05659-WHA Document 654 Filed 02/02/21 Page 1 of 3
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`FINJAN, INC.,
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`Plaintiff,
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`v.
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`JUNIPER NETWORK, INC., et al.,
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`Defendants.
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`No. C 17-05659 WHA
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`ORDER APPOINTING SPECIAL
`MASTER
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`A January 9 order found patent owner Finjan, Inc.’s prosecution of this case exceptional
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`and defendant Juniper Network, Inc. entitled to a degree of attorney’s fees under 35 U.S.C.
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`§ 285. A companion order notified both sides that the Court was inclined to appoint Attorney
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`Matt Borden as special master to determine a reasonable fees and costs award, and gave both
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`sides until January 28 to object or request to be heard (Dkt. No. 649). Neither side objects to
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`the appointment (Dkt. Nos. 652, 653). Attorney Borden has conducted a conflicts check for
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`potential grounds for disqualification and, by special accommodation of the Court, has agreed
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`to serve at the reduced rate of $300 per hour. Accordingly, it is hereby ordered:
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`1.
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`ATTORNEY BORDEN IS HEREBY APPOINTED AS SPECIAL MASTER to determine,
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`with all reasonable diligence, the reasonable amount of attorney’s fees and costs which Finjan
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`shall pay to Juniper. He shall have all powers set forth in Federal Rule of Civil Procedure 53(c)
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`with respect to this dispute but shall not revisit prior rulings in this case.
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`Case 3:17-cv-05659-WHA Document 654 Filed 02/02/21 Page 2 of 3
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`2.
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`The procedure set forth in the January 9 order (Dkt. No. 649) is incorporated into
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`and deemed a part of this order. Attorney Borden may set a briefing and argument schedule as
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`he deems appropriate. The parties shall provide the special master with electronic text-
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`searchable copies of all documents relevant to this dispute and shall provide print copies (such as
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`a tabbed binder for attorney-billing records) to an appropriate address as Attorney Borden shall
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`request.
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`3.
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`By MAY 20 AT NOON, the special master shall file a written report and
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`recommendation that includes his proposed findings and the recommended award of attorney’s
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`fees and costs to which Juniper is entitled. His report should identify all amounts disallowed and
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`state whether the amounts disallowed qualify for treble deduction, per the order granting the
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`motion for fees.
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`4.
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`Any objections to or motions regarding the special master’s report and
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`recommendation must be filed by JUNE 10 AT NOON, to be heard on the normal 35-day track, and
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`shall not exceed 25 PAGES in length. The response to any such objection or motion shall be due
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`SEVEN DAYS from the filing thereof and shall also not exceed 25 PAGES in length. No reply
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`briefing, please.
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`5.
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`The Court will then review and consider any timely objections to or motions
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`regarding the special master’s report and recommendation pursuant to Rule 53(f). An order will
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`follow.
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`6.
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`Ex parte communications with the special master should be avoided if possible.
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`Any objection to an ex parte communication or motion to disqualify must be filed within SEVEN
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`CALENDAR DAYS of discovery.
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`7.
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`Objections to this order shall be filed by FEBRUARY 18 AT NOON. Any proposed
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`modification to this order must be promptly raised in a joint letter brief, not to exceed THREE
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`PAGES in length, to be filed only after the parties have met and conferred — either in person or
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`telephonically — under the special master’s supervision.
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`8.
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`Attorney Borden shall please indicate his acceptance of this reference as special
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`master by signing and filing the below statement:
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`Northern District of California
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`Case 3:17-cv-05659-WHA Document 654 Filed 02/02/21 Page 3 of 3
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` accept this appointment and reference:
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`MATT BORDEN
`SPECIAL MASTER
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`IT IS SO ORDERED.
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`Dated: February 2, 2021.
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`WILLIAM ALSUP
`UNITED STATES DISTRICT JUDGE
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