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`FINJAN, INC.,
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
` Case No.: 17CV183 CAB (BGS)
`
`BRIEFING ORDER
`
`[ECF 839]
`
`Plaintiff,
`
`v.
`ESET, LLC and ESET SPOL. S.R.O.,
`Defendants.
`
`
`On December 22, 2020, the parties jointly contacted Judge Skomal’s Chambers to
`raise a discovery dispute concerning Finjan’s objections to numerous Eset’s RFPs. (ECF
`839.) Although the objections concern ten RFPs, the parties indicated that there were
`overriding issues as to all: relevancy, attorney-client privilege, the work product doctrine,
`the common interest doctrine, and the possibility that the RFPs may be seeking discovery
`beyond the ’305 Patent. The only discovery the parties are currently permitted to pursue
`is discovery regarding the ’305 Patent. The parties also indicated that Finjan has not yet
`provided a privilege log. The Court orders as follows.
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`1
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`17CV183 CAB (BGS)
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`
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`Case 3:17-cv-00183-CAB-BGS Document 841 Filed 12/23/20 PageID.40172 Page 2 of 2
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`Finjan shall provide a privilege log on or before December 30, 2020. Parties shall
`file a Joint Statement1 not exceeding twenty pages, split evenly between the parties, by
`January 6, 2021. The parties may attach exhibits, however any exhibits must be quoted
`or summarized within the briefing. In addition to the issues identified above, the Joint
`Statement must address whether the discovery sought is beyond the scope of the’305
`Patent and the proportionality of the discovery sought.
`IT IS SO ORDERED.
`
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`Dated: December 23, 2020
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`1 As the Court has previously indicated, joint statement must provide each party’s
`position as well as their response to the arguments of the opposing party. This requires
`the parties to exchange their briefing sufficiently in advance of the deadline to modify
`their own briefing to address the opposing party’s argument. The intention is that the
`joint statement provide full briefing on the issues identified by the parties and the Court.
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`2
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`17CV183 CAB (BGS)
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