Finjan, LLC. v. Cisco Systems Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
21 A. Finjan’s Infringement Contentions 22 Cisco’s present motion to strike is the latest skirmish in a long-running battle between the 23 parties over the contours of Finjan’s infringement arguments. On November 30, 2017, Finjan 24 served the Operative Contentions concerning its infringement claims. See Dkt. 492-1 at ¶¶ 2-3 25 and Exs. 1 and 2. On April 18, 2019, Finjan filed a motion to amend the Operative Contentions to 26 identify additional evidence in support of its infringement claims, including adding the names of 27 regarding the associated functionalities. Dkt. 231. Judge Freeman referred the motion to amend to the undersigned. Dkt. 238. Following a hearing, this Court issued an order denying Finjan’s motion to amend on June 11, 2019, holding that “[i]t appears from the Court’s careful review of the proposed [supplemental infringement chart] and the arguments presented at the hearing that Finjan’s proposed amendments to identify components are significantly more complex and prejudicial than Finjan has portrayed them.” Dkt. 274 (the “SVK Contentions Order”) at 7. The Court noted that because Finjan had not…