Fortinet, Inc. v. Forescout Technologies, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FORTINET, INC., Case No. 20-cv-03343-EMC (TSH)

8 Plaintiff,

DISCOVERY ORDER

9 v. Re: Dkt. No. 217 10 FORESCOUT TECHNOLOGIES, INC., 11 Defendant.

12 13 The parties have a discovery dispute concerning Fortinet’s efforts to take discovery into 14 Forescout’s litigation with Advent. By way of background, Forescout alleges that on February 9, 15 2020 it publicly announced that Advent would acquire all outstanding shares of Forescout 16 common stock for $33.00 per share in an all-cash transaction valued at $1.9 billion. ECF No. 107 17 (Counterclaim) ¶ 135. Forescout alleges that Fortinet filed the present lawsuit one business day 18 before the transaction was expected to close, id. ¶¶ 138, 141, and that the Complaint was largely a 19 press release disparaging Forescout. Id. ¶¶ 139, 140. Following the filing of the Complaint, 20 Forescout alleges that Fortinet engaged in a smear campaign, and immediately after the campaign 21 began, Advent announced that it did not plan to proceed…