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Finjan, Inc. v. Zscaler, Inc.

United States District Court for the Northern District of California

February 14, 2019, Decided; February 14, 2019, Filed

Case No. 17-cv-06946-JST (KAW)

Opinion

ORDER REGARDING JOINT DISCOVERY LETTER

Re: Dkt. No. 101

Plaintiff Finjan, Inc. filed the instant suit against Defendant Zscaler, Inc., alleging patent infringement. (Compl., Dkt. No. 1.) On January 23, 2019, the parties filed a joint discovery letter regarding the production of the e-mails of Mr. Tim Warner, a United Kingdom citizen. (Discovery Letter, Dkt. No. 101.) Having reviewed the letter, the Court GRANTS the relief sought [*2]  by Plaintiff.

I. BACKGROUND

Plaintiff owns patents involving computer security. (Compl. ¶¶ 7-8.) One of its patented products was a Secure Web Gateway ("SWG"). (Discovery Letter at 1.) In 2009, Plaintiff sold its business and a license to sell its products to M86, but kept the rights to the intellectual property. (Id.) In 2012, Trustwave acquired M86 and the rights to sell Plaintiff's former products.

In October 2018, Plaintiff sought the production of e-mails from Mr. Warner. Mr. Warner previously directed Plaintiff's U.K. sales from 2002 to 2010. (Discovery Letter at 1.) During the transition to M86, Mr. Warner directed the sales of Plaintiff's products for M86 from 2010 to 2012. (Id.) When M86 was acquired by Trustwave, Mr. Warner continued to sell Plaintiff's SWG for Trustwave in Europe, the Middle East, and Africa. (Id.) In 2014, Mr. Warner left Trustwave and began working for Defendant, and is now Defendant's director of all sales to any business or government entity in the U.K. (Id.) Plaintiff asserts that Mr. Warner has "intimate knowledge" of Plaintiff's patented technology, and was familiar with all of the SWG's technical aspects and "could explain them inside out." (Id.)

II. [*3]  DISCUSSION

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2019 U.S. Dist. LEXIS 24570 *

FINJAN, INC., Plaintiff, v. ZSCALER, INC., Defendant.

Prior History: Finjan, Inc. v. Zscaler, Inc., 2018 U.S. Dist. LEXIS 149435 (N.D. Cal., Aug. 31, 2018)

CORE TERMS

e-mails, discovery, patents, disclosure, weighs, terms, privacy, courts, documents, domestic