Finjan LLC v. Palo Alto Networks, Inc.

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

FINJAN LLC, Case No. 14-cv-04908-PJH Plaintiff,

v. ORDER DENYING MOTION TO

STRIKE AND DISMISS, AND

PALO ALTO NETWORKS, INC., REQUESTING CLARIFICATION RE

STIPULATION

Defendant. Re: Dkt. Nos. 120, 130

11 Plaintiff Finjan LLC has filed a motion to strike certain affirmative defenses and to dismiss certain counterclaims of defendant Palo Alto Networks, Inc. See Dkt. 120. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby DENIES the motion to strike and dismiss (Dkt. 120) in its entirety. Although they are not binding, the court finds persuasive the rulings by multiple other judges that the issues raised by Finjan’s motion are more properly suited to a summary judgment motion, not a Rule 12 motion. See, e.g., Finjan, Inc. v. Check Point Software Tech., Inc., 2019 WL 330912 at *6 (N.D. Cal. Jan. 25, 2019) (“Finjan’s counterarguments speak…