Case 3:17-cv-05659-WHA Document 113-1 Filed 06/22/18 Page 1 of 4
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`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Joshua Glucoft (SBN 301249)
`jglucoft@irell.com
`Casey Curran (SBN 305210)
`ccurran@irell.com
`Sharon Song (SBN 313535)
`ssong@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone: (310) 277-1010
`Facsimile: (310) 203-7199
`
`Rebecca Carson (SBN 254105)
`rcarson@irell.com
`Kevin Wang (SBN 318024)
`kwang@irell.com
`840 Newport Center Drive, Suite 400
`Newport Beach, California 92660-6324
`Telephone: (949) 760-0991
`Facsimile: (949) 760-5200
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`Attorneys for Defendant
`JUNIPER NETWORKS, INC.
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
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`10532521
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`FINJAN, INC., a Delaware Corporation,
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`Plaintiff,
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`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
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`vs.
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`Defendant.
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`Case No. 3:17-cv-05659-WHA
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`DECLARATION OF SHARON SONG IN
`SUPPORT OF DEFENDANT JUNIPER
`NETWORKS, INC.’S OPPOSITION TO
`MOTION FOR LEAVE TO FILE
`SECOND AMENDED COMPLANT
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`
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`DECL. OF SHARON SONG ISO JUNIPER’S
`OPPOSITION TO MOTION FOR LEAVE TO AMEND
`Case No. 3:17-cv-05659-WHA
`
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`Case 3:17-cv-05659-WHA Document 113-1 Filed 06/22/18 Page 2 of 4
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`DECLARATION OF SHARON SONG
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`I, Sharon Song, declare as follows:
`1.
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`I am an attorney at the law firm of Irell & Manella LLP, counsel of record for
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`Juniper Networks, Inc. in the above-captioned action. I am a member in good standing of the
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`State Bar of California and have been admitted to practice before this Court. I have personal
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`knowledge of the facts set forth in this Declaration and, if called as a witness, could and would
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`testify competently to such facts under oath.
`2.
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`I submit this declaration in support of Juniper Networks, Inc.’s (“Juniper”)
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`opposition to Finjan, Inc.’s (“Finjan”) Motion for Leave to File Second Amended Complaint
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`(“Motion to Amend”) (Dkt. No. 91).
`3.
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`Attached as Exhibit A to Juniper’s Opposition to Finjan’s Motion to Amend is a
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`true and correct copy of an excerpt from Finjan’s Second Supplemental Objections and Responses
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`to Defendant Juniper’s First Set of Interrogatories (No. 6).
`4.
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`Attached as Exhibit B to Juniper’s Opposition to Finjan’s Motion to Amend is a
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`true and correct copy of a May 22, 2018 email from Kris Kastens of Kramer Levin Naftalis &
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`Frankel LLP, counsel for Finjan, to Rebecca Carson, counsel for Juniper.
`5.
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`Attached as Exhibit C to Juniper’s Opposition to Finjan’s Motion to Amend is a
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`true and correct copy of the claim charts for U.S. Patent No. 6,418,731 that were prepared by
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`Finjan in 2015, and produced by Finjan to Juniper on May 22, 2018, bearing bates numbers
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`FINJAN-JN303455-FINJAN-JN303458.
`6.
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`Attached as Exhibit D to Juniper’s Opposition to Finjan’s Motion to Amend is a
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`true and correct copy of email exchanges between Kris Kastens of Kramer Levin Naftalis &
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`Frankel LLP, counsel for Finjan, and Josh Glucoft, counsel for Juniper, from May 25, 2018 and
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`May 27, 2018.
`7.
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`Attached as Exhibit E to Juniper’s Opposition to Finjan’s Motion to Amend is a
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`true and correct copy of an excerpt from Finjan’s Initial Disclosure of Asserted Claims and
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`Infringement Contentions and Document Production Regarding U.S. Patent No. 7,418,731
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`Pursuant to Patent Local Rules 3-1 and 3-2.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10532521
`
`
`DECL. OF SHARON SONG ISO JUNIPER’S OPPOSITION
`TO MOTION FOR LEAVE TO AMEND
`Case No. 3:17-cv-05659-WHA
`
`- 1 -
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`Case 3:17-cv-05659-WHA Document 113-1 Filed 06/22/18 Page 3 of 4
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`8.
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`Attached as Exhibit F to Juniper’s Opposition to Finjan’s Motion to Amend is a
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`true and correct copy of excerpts from the transcript of proceedings on February 22, 2018 for this
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`case, where this Court limited the total number of claims to 16 claims.
`9.
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`Attached as Exhibit G to Juniper’s Opposition to Finjan’s Motion to Amend is a
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`true and correct copy of an excerpt from Juniper’s Sky Advanced Threat Prevention
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`Administration Guide, bearing a modified date of September 8, 2017, publicly available at
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`https://www.juniper.net/documentation/en_US/release-independent/sky-atp/information-
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`products/pathway-pages/admin/sky-atp-admin-guide.pdf.
`10.
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`On March 19, 2018, Juniper produced its source code for the SRX, Sky ATP, and
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`Space Security Director products. On March 7, 2018, Juniper produced more than 160,000 pages
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`of technical documents related to these products. On April 13, 2018, Juniper produced
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`approximately 7,600 pages of highly confidential technical documents related to these products,
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`including design and development documents for Sky ATP, and substantial portions of Juniper’s
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`production of design and development documents for SRX and Space Security Director. On April
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`23, 2018, Juniper produced approximately 300,000 additional pages of highly confidential
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`technical documents related to the three accused products in the original complaint. On April 30,
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`2018, Juniper produced another roughly 100,000 additional pages of highly confidential technical
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`documents related to those products. Juniper has completed its production of technical documents
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`related to the SRX, Sky ATP, and Space Security Director products, except for those documents
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`subject to privilege and other applicable objections. On June 18, 2018, Juniper produced its
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`source code for ATP Appliance. In addition to the technical documents, Juniper has produced
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`more than 2,400 financial and marketing documents totaling about 60,000 pages, and more than
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`39,000 emails and corresponding attachments from a Juniper engineer.
`11.
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`At Finjan’s request, four depositions of Juniper engineers have been taken by
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`Finjan in May 2018. Juniper also deposed Finjan’s 30(b)(6) witness on May 24, 2018.
`12.
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`On May 7, 2018, Juniper and Finjan exchanged their respective lists of claim terms
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`for construction for the patents asserted in the original Complaint, pursuant to Patent Local
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`Rule 4-1. On May 28, 2018, Juniper and Finjan exchanged their respective proposed
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10532521
`
`
`DECL. OF SHARON SONG ISO JUNIPER’S OPPOSITION
`TO MOTION FOR LEAVE TO AMEND
`Case No. 3:17-cv-05659-WHA
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`- 2 -
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`Case 3:17-cv-05659-WHA Document 113-1 Filed 06/22/18 Page 4 of 4
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`constructions and corresponding intrinsic and extrinsic evidence for each term identified by each
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`party for claim construction from the patents asserted in the original Complaint, pursuant to Patent
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`Local Rule 4-2. On June 22, 2018, the same day this declaration is filed, the parties will file a
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`Joint Claim Construction and Prehearing Statement jointly identifying the 10 terms from the
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`patents asserted in the original Complaint whose construction will be most significant to the
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`resolution of this case, pursuant to Patent Local Rule 4-3.
`Executed this 22nd day of June, 2018, at Los Angeles, California.
`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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` /s/ Sharon Song
`
` Sharon Song
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10532521
`
`
`DECL. OF SHARON SONG ISO JUNIPER’S OPPOSITION
`TO MOTION FOR LEAVE TO AMEND
`Case No. 3:17-cv-05659-WHA
`
`- 3 -
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