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`Exhibit D
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`Case 3:18-cv-02621-WHO Document 264-5 Filed 03/27/20 Page 2 of 2
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`Caridis, Alyssa
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`From:
`Sent:
`To:
`Cc:
`Subject:
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`Caridis, Alyssa
`Friday, April 5, 2019 4:52 PM
`Hannah, James; Andre, Paul; Kobialka, Lisa; Kastens, Kris; Manes, Austin
`Roberts, Clement; Cheever, Frances; Brewer, Evan; Burleigh, Miwako
`Finjan v Check Point -- Motion Practice re: Amended Infringement Contentions
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`Counsel,
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`Check Point is in receipt of Finjan’s Amended Infringement Contentions, dated April 1, 2019. Though our review is
`ongoing, it is already apparent that these contentions fail to comply with Patent Local Rule 3-1(c), the Court’s Order
`Re Case Narrowing and Infringement Contentions, and the Court’s Order requiring Finjan to amend its original
`infringement contentions. Examples of the deficiencies include:
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` Failing to organize the contentions on an instrumentality-by-instrumentality or specifically identified
`combination-by-combination basis;
` The use of open ended contentions;
` Failing to cite any code for various purportedly accused instrumentalities; and
` Including new products without good cause.
`
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`Check Point intends to seek relief from the Court. Given the upcoming claim construction deadlines (and in light of
`the Court’s recognition that claim construction should not proceed until appropriate contentions are exchanged (see
`2.3.19 Transcript at 17:11-13)), Check Point requests that Finjan agree to a stipulation extending the currently-set
`claim construction deadlines for 45 days to allow time for the Court to hear and rule on our anticipated motion.
`Please let us know by April 9, 2019 whether Finjan will agree to such a stipulation. If it does not, we will file an
`opposed motion with the Court while we seek to resolve the underlying issues.
`
`In addition, to the extent Finjan believes that it needs a 30(b)(6) deposition to correct the above identified
`deficiencies please provide a list of the 30(b)(6) questions that Finjan contends would be necessary and a date next
`week when we can meet and confer on that topic. As per the Court’s order (see 2.3.19 Transcript at 14:9-17), to the
`extent we cannot agree on either the specific questions or whether a 30(b)(6) deposition is relevant to the identified
`deficiencies, the Court has ordered us to submit a 5 page letter brief on the issue.
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`Best,
`Alyssa Caridis
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`Alyssa Caridis
`Intellectual Property
`Partner
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`Orrick
`Los Angeles
`T 2136122372
`acaridis@orrick.com
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`1
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