Finjan, LLC v. Qualys Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FINJAN, INC., Case No. 18-cv-07229-YGR (TSH)

Plaintiff,

DISCOVERY ORDER

v. Re: Dkt. No. 79 QUALYS INC., Defendant.

12 The parties have filed a joint discovery letter brief raising three issues: (1) Finjan’s request for Qualys’s foreign sales data, (2) whether Finjan has exceeded the limit of 25 interrogatories, and (3) whether Finjan should be required to produce all expert reports from prior and pending lawsuits involving one or more of the patents-in-suit in this case. ECF No. 79. The Court held a hearing on August 20 and now issues this order. Let’s start with foreign sales. The Court finds Finjan’s arguments too cursory to satisfactorily evaluate them. In a single sentence with no factual support or case law, Finjan argues that Qualys’s worldwide sales are part of the relevant royalty base because they infringe under the “making” prong of 35 U.S.C. § 271(a). And then in the next sentence, Finjan says that the Court need…