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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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`ORDER RE DISCOVERY DISPUTES
`RE SONICWALL’S PATENT
`PORTFOLIO AND RESPONSES TO
`FINJAN’S REQUESTS FOR
`ADMISSION
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`Re: Dkt. Nos. 276, 277
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`On August 7, 2020, the parties filed joint discovery letter briefs regarding two discovery-
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`related disputes: (1) SonicWall’s responses to Finjan’s Requests for Admission Nos. 17-19 and 22
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`(Dkt. No. 276), and (2) SonicWall’s identification of its patent portfolio in its second supplemental
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`initial disclosures served on the last day of fact discovery (Dkt. No. 277). Finjan seeks sanctions
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`in the form of deemed admissions or further responses to its requests for admission, and striking
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`SonicWall’s second supplemental initial disclosures with respect to its patent portfolio. The Court
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`heard oral argument on the parties’ disputes on August 18, 2020. Dkt. No. 280.
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`For the reasons stated on the record, the Court resolves these disputes as follows:
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`With respect to SonicWall’s responses to Finjan’s requests for admission, the Court finds
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`no violation of Federal Rule of Civil Procedure 36 occurred. SonicWall’s objections and answers
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`satisfy the requirements of Rule 36(a)(4) with respect to the requests at issue. No sanctions are
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`warranted.
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`With respect to SonicWall’s second supplemental initial disclosures, the Court finds that
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`no violation of Rule 26(a) or (e) occurred. Rule 26(a)(1)(A)(ii) requires a party to provide a
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`Northern District of California
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`United States District Court
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`Case 5:17-cv-04467-BLF Document 281 Filed 08/18/20 Page 2 of 2
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`description or a copy of documents that it may use to support a claim or defense. There is no
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`dispute that SonicWall timely produced the documents at issue. The fact that SonicWall also
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`separately identified those documents in a supplement to its initial disclosures on the last day of
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`fact discovery does not create a violation of Rule 26(a) or (e) where none otherwise exists. No
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`sanctions are warranted.
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`IT IS SO ORDERED.
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`Dated: August 18, 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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