Case 3:17-cv-05659-WHA Document 77-4 Filed 05/01/18 Page 1 of 3
`Case 3:17-cv-05659-WHA Document 77-4 Filed 05/01/18 Page 1 of 3
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`EXHIBIT C
`EXHIBIT C
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`Case 3:17-cv-05659-WHA Document 77-4 Filed 05/01/18 Page 2 of 3
`Case 3:17-cv-05659-WHA Document 77-4 Filed 05/01/18 Page 2 of 3
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`7
`7
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`WITHDRAW THEIR OPPOSITION TO OUR DEFERRED MOTION, SO I DON'T
`WITHDRAW THEIR OPPOSITION TO OUR DEFERRED MOTION, SO I DON'T
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`THINK THAT THAT HAS DERAILED OUR AGREEMENT.
`THINK THAT THAT HAS DERATLED OUR AGREEMENT.
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`THE COURT: WELL, ALL RIGHT. SO WE STILL HAVE AN
`THE COURT: WELL, ALL RIGHT.
`SO WE STILL HAVE AN
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`AGREEMENT?
`AGREEMENT ?
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`MR. GLUCOFT: YES, YOUR HONOR.
`MR. GLUCOFT: YES, YOUR HONOR.
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`THE COURT: OKAY. ALL RIGHT. SO IS THERE ANYTHING
`THE COURT:
`OKAY.
`ALL RIGHT. SO IS THERE ANYTHING
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`MORE, THEN, THAT I NEED TO DO? WELL, LET'S GO TO SOMETHING NEW
`MORE, THEN, THAT I NEED TO DO? WELL, LET'S GO TO SOMETHING NEW
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`THAT I CAN RULE ON THAT'S STILL IN DISPUTE.
`THAT I CAN RULE ON THAT'S STILL IN DISPUTE.
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`WHAT WOULD THAT BE, MS. NGUYEN?
`WHAT WOULD THAT BE, MS. NGUYEN?
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`MS. NGUYEN: SO IN OUR MOTION TO COMPEL DISCOVERY WE
`MS. NGUYEN:
`SO IN OUR MOTION TO COMPEL DISCOVERY WE
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`DO WITH SKY ATP AND DEFENDANT INDICATED THEY WOULD PRODUCE THESE
`DO WITH SKY ATP AND DEFENDANT INDICATED THEY WOULD PRODUCE THESE
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`DOCUMENTS BY APRIL 30TH.
`DOCUMENTS BY APRIL 30TH.
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`NOW, THE OUTSTANDING ISSUE IS WHETHER DEFENDANT SHOULD BE
`NOW, THE OUTSTANDING ISSUE IS WHETHER DEFENDANT SHOULD BE
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`REQUIRED TO PRODUCE DOCUMENTS FOR THE ATP APPLIANCE.
`REQUIRED TO PRODUCE DOCUMENTS FOR THE ATP APPLIANCE.
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`HAD TO ISSUES, AND THE FIRST ONE WHICH I MENTIONED EARLIER HAD TO
`HAD TO ISSUES, AND THE FIRST ONE WHICH I MENTIONED EARLIER HAD TO
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`HAD PUT IT IN THE COMPLAINT AS AN ACCUSED PRODUCT AND EXPLAINED
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`THE COURT: ON THE WHAT?
`THE COURT:
`ON THE WHAT?
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`MS. NGUYEN: ATP APPLIANCE.
`MS. NGUYEN:
`ATP APPLIANCE.
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`THE COURT: APPLIANCE?
`THE COURT: APPLIANCE?
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`MS. NGUYEN: YES, YOUR HONOR.
`MS. NGUYEN: YES, YOUR HONOR.
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`THE COURT: SO WHAT? I MEAN, WHAT'S THE ISSUE THERE?
`THE COURT:
`SO WHAT?
`I MEAN, WHAT'S THE ISSUE THERE?
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`MS. NGUYEN: DEFENDANT CLAIMED THAT WE DIDN'T
`MS. NGUYEN:
`DEFENDANT CLAIMED THAT WE DIDN'T
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`SUFFICIENTLY PLEAD IT IN OUR COMPLAINT. AND IT'S OUR POSITION
`SUFFICIENTLY PLEAD IT IN OUR COMPLAINT. AND IT'S OUR POSITION
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`THAT WE DID GIVE THEM SUFFICIENT --
`THAT WE DID GIVE THEM SUFFICIENT --
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`THE COURT: WELL, HERE'S THE RULING. IF YOU ACTUALLY
`THE COURT: WELL, HERE'S THE RULING.
`IF YOU ACTUALLY
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`HAD PUT IT IN THE COMPLAINT AS AN ACCUSED PRODUCT AND EXPLAINED
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`Case 3:17-cv-05659-WHA Document 77-4 Filed 05/01/18 Page 3 of 3
`Case 3:17-cv-05659-WHA Document 77-4 Filed 05/01/18 Page 3 of 3
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`8
`8
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`WHICH CLAIMS THE PRODUCT INFRINGES, THEN IT IS IN THE COMPLAINT.
`WHICH CLAIMS THE PRODUCT INFRINGES, THEN IT IS IN THE COMPLAINT.
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`BUT IF IT'S JUST A BACKGROUND FACT, THAT'S NOT GOOD ENOUGH. SO
`BUT IF IT'S JUST A BACKGROUND FACT, THAT'S NOT GOOD ENOUGH.
`SO
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`WHICH IS IT?
`WHICH IS IT?
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`MS. NGUYEN: WE WEREN'T ABLE TO SPECIFICALLY NAME THE
`MS. NGUYEN:
`WE WEREN'T ABLE TO SPECIFICALLY NAME THE
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`ITS COMPLAINT.
`ITS COMPLAINT.
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`THE COURT: LOOK, THAT'S YOUR PROBLEM. I MEAN, I CAN'T
`THE COURT:
`LOOK, THAT'S YOUR PROBLEM.
`I MEAN,
`I CAN'T
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`SOLVE THAT FOR YOU. YOU GOT TO GO BACK AND REPLEAD. IF YOU --
`SOLVE THAT FOR YOU.
`YOU GOT TO GO BACK AND REPLEAD.
`IF YOU --
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`IF YOU REALLY FEEL YOU HAVE A GOOD FAITH BASIS. BUT I'M NOT JUST
`IF YOU REALLY FEEL YOU HAVE A GOOD FAITH BASIS.
`BUT I'M NOT JUST
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`GOING TO HAND OVER THE DOCUMENTS TO YOU UNTIL YOU DO THAT. YOU
`GOING TO HAND OVER THE DOCUMENTS TO YOU UNTIL YOU DO THAT.
`YOU
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`GOT TO PLEAD IT.
`GOT TO PLEAD IT.
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`IF YOU SURVIVE -- PLEAD IT. SURVIVE THE MOTION TO DISMISS.
`IF YOU SURVIVE -- PLEAD IT.
`SURVIVE THE MOTION TO DISMISS.
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`THEN YOU GET -- ASSUMING THEY MAKE ONE. I HOPE THEY DON'T MAKE
`THEN YOU GET -- ASSUMING THEY MAKE ONE.
`I HOPE THEY DON'T MAKE
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`ONE. BUT IF THEY MAKE ONE, THEN YOU GET THE DOCUMENTS.
`ONE.
`BUT IF THRY MAKE ONE, THEN YOU GET THE DOCUMENTS.
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`MS. NGUYEN: YES, YOUR HONOR.
`MS. NGUYEN: YES, YOUR HONOR.
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`THE COURT: ALL RIGHT. SO THAT'S MY RULING ON THAT
`THE COURT:
`ALL RIGHT.
`SO THAT'S MY RULING ON THAT
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`ONE.
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`OKAY. WHAT'S NEXT?
`OKAY. WHAT'S NEXT?
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`ATP APPLIANCE BECAUSE IT WASN'T RELEASED UNTIL AFTER FINJAN FILED
`ATP APPLIANCE BECAUSE IT WASN'T RELEASED UNTIL AFTER FINJAN FILED
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`NEVERTHELESS, DIDN'T
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`MS. NGUYEN: THE OTHER MOTION WE HAVE PENDING IS
`MS. NGUYEN:
`THE OTHER MOTION WE HAVE PENDING IS
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`OVERRULING DEFENDANT'S OBJECTION TO DR. COLE WHO IS FINJAN'S
`OVERRULING DEFENDANT'S OBJECTION TO DR. COLE WHO IS FINJAN'S
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`EXPERT AND --
`EXPERT AND --
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`THE COURT: YES, BUT ISN'T HE A FORMER COMPETITOR,
`THE COURT:
`YES, BUT ISN'T HE A FORMER COMPETITOR,
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`IN-HOUSE LAWYER OR IS HE A LAWYER?
`IN-HOUSE LAWYER OR IS HE A LAWYER?
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`MR. GLUCOFT: NO, YOUR HONOR. HE'S A TECHNICAL EXPERT.
`MR. GLUCOFT:
`NO, YOUR HONOR. HE'S A TECHNICAL EXPERT.
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`THE COURT: TECHNICAL GUY. OKAY. NEVERTHELESS, DIDN'T
`THE COURT:
`TECHNICAL GUY.
`OKAY.
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