`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`Case No. 3:17-cv-0183-CAB-BGS
`ORDER DENYING DEFENDANTS’
`MOTION FOR ISSUANCE OF LETTER
`OF REQUEST
`
`
`[ECF 838]
`
`
`FINJAN, INC.,
`
`Plaintiff,
`
`v.
`ESET, LLC, et al.,
`Defendants.
`
`AND RELATED COUNTERCLAIMS.
`
`
`
`On December 16, 2020, the Court issued an Order on a discovery dispute related
`to the deposition of Shlomo Touboul. (ECF 836.) The Order required “Eset to narrow
`the scope of the topics of the deposition to those specific to the ’305 Patent.” (Id. at 7.)
`The Order also indicated “the Court expects the questioning will strictly address only
`the ’305 Patent.” (Id. at 7-8.)
`In compliance with that Order, Eset has filed a Motion for Issuance of Letter of
`Request that has been modified to conform to the Court’s Order. (ECF 838.) However,
`the section of the Request for International Judicial Assistance that Eset requests the
`Court issue states under “Subject of Examination” that “[t]he examination of Shlomo
`Touboul will concern at least: . . .” followed by a list of ’305 Patent specific topics.
`(ECF 838-2 ¶ 5 (emphasis added).) Although the list of topics has been narrowed to
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`
`17cv0183
`
`
`
`Case 3:17-cv-00183-CAB-BGS Document 842 Filed 12/29/20 PageID.40174 Page 2 of 2
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`’305 Patent specific topics as ordered by the Court, the inclusion of “at least” indicates
`that the deposition is not limited to the ’305 Patent. To comply with the Court’s prior
`Order, Eset must remove this language and resubmit the request. Accordingly, the
`Motion is DENIED with leave to file a modified version of the request.
`IT IS SO ORDERED.
`
`
`Dated: December 29, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`17cv0183
`
`