Finjan, LLC. v. Cisco Systems Inc.

I. INTRODUCTION

19 Finjan initiated this lawsuit on January 6, 2017, bringing patent infringement allegations 20 against Cisco involving five of Finjan’s patents. See ECF 1, see also Second Amended Complaint, 21 ECF 55. On August 7, 2017, and pursuant to the Local Patent Rules, Cisco served its invalidity 22 contentions identifying the prior art that Cisco believed anticipates each asserted claim or renders it 23 obvious. See Cisco’s Invalidity Contentions (“Invalidity Contentions”), ECF 380-3; see also Patent 24 L. R. 3-3. On September 22, 2017, while this action was pending, Cisco filed two petitions for inter

26 1 Finjan also moved for summary judgment of validity as to the asserted claims of U.S. Patent No. 7,647,633 (the “’633 patent”). Pursuant to the parties’ stipulation, however, Finjan has withdrawn 27 claims 1, 8, and 13 of the ’633 Patent, and Cisco has withdrawn its allegation that claim 14 is || partes review (“IPR”) challenging the validity of the asserted claims of the °494 and °844 patents. || See ECF 380-4, 380-5. Cisco’s IPR petition for the °494 patent set forth two obviousness grounds to challenge the || validity of the asserted…