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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
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`FINJAN, INC.,
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`Plaintiff,
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`v.
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`SONICWALL, INC.,
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`Defendant.
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`Case No. 17-cv-04467-BLF (VKD)
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`INTERIM ORDER RE APRIL 17, 2020
`JOINT DISCOVERY LETTER BRIEF
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`Re: Dkt. No. 248
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`On April 28, 2020, the Court held a hearing on the parties’ discovery dispute concerning
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`plaintiff Finjan, Inc.’s assertion of the attorney-client privilege and attorney work product
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`protection over certain documents produced in another Finjan action1 against Cisco Systems, Inc.
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`(“Cisco”). Dkt. No. 248. For the reasons discussed at the hearing, Finjan shall submit all disputed
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`documents listed on Finjan’s privilege log (excluding listed deposition testimony that merely
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`discusses the contents of a listed document) for in camera review by May 4, 2020. The disputed
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`documents shall be submitted in electronic form to VKDcrd@cand.uscourts.gov. The submitted
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`documents should include highlighting to indicate which portions have been redacted on
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`privileged or work product grounds.
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`To assist the Court in determining whether Finjan waived work product protection, the
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`parties shall submit the evidence on which they rely for their respective contentions that at the
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`time the disputed documents were disclosed to Cisco’s board observer, Yoav Samet, Cisco and
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`Mr. Samet did or did not have an obligation to maintain the disputed documents in confidence,
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`1 Finjan, Inc. v. Cisco Systems, Inc., No. 5:17-cv00072-BLF-SVK (N.D. Cal.).
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`United States District Court
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`Case 5:17-cv-04467-BLF Document 255 Filed 04/28/20 Page 2 of 2
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`and/or that the disputed documents were or were not disclosed to Mr. Samet in a manner that
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`would enable an adversary to gain access to the information. The parties shall make these
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`submissions by filing supplemental attorney declaration(s) identifying and attaching the evidence,
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`without further argument. The Court requests that the parties submit their declarations with
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`attached evidence by May 4, 2020.
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`IT IS SO ORDERED.
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`Dated: April 28, 2020
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`VIRGINIA K. DEMARCHI
`United States Magistrate Judge
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`Northern District of California
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`United States District Court
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