`Case 3:17-cv-05659-WHA Document 113-7 Filed 06/22/18 Page 1of5
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`EXHIBIT F
`EXHIBIT F
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`Case 3:17-cv-05659-WHA Document 113-7 Filed 06/22/18 Page 2 of 5
`Case 3:17-cv-05659-WHA Document 113-7 Filed 06/22/18 Page 2 of 5
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`Pages 1 - 11
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Before The Honorable William H. Alsup, Judge
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`Finjan, Inc.,
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`Plaintiff,
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`vs.
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`NO. 17-CV-5659
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`Juniper Network, Inc.,
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`Defendant.
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`Official Reporter
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`TRELL & MANELLA LLP
`840 Newport Center Drive, Suite 400
`Newport Beach, CA
`92660
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`San Francisco, California
`Thursday, February 22, 2018
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`TRANSCRIPT OF PROCEEDINGS
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`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA
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`94025
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`Mr. Paul Andre
`Mr. Kristopher Kastens
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`APPEARANCES:
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`For Plaintiff:
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`For Defendant:
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`Ms. Rebecca Carson
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`Reported By:
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`Vicki Eastvold, RMR, CRR
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`cleanly instead of you all treating me like your early neutral
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`evaluation judge and two years later I'm still trying to figure
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`out which end is up.
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`All right.
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`I had one other question for you. What is the
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`PTAB situation?
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`In other words, of these 16 claims are any of
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`them in the PTAB right now?
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`MS. CARSON: Your Honor,
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`they haven't yet told us the
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`16 claims, so I'll leave that to Mr. Andre.
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`THE COURT: Oh, really? That was a nice little slight
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`of hand.
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`How come you haven't told them?
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`MR. ANDRE: We agree it would be 16 claims. We put
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`that in the schedule that we proposed to the Court. But we can
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`do that obviously earlier.
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`THE COURT: Well, I think you should do it.
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`I thought
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`you should do that today.
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`Can you do that today?
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`MR. ANDRE:
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`I can't do it off the top of my head, Your
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`Case 3:17-cv-05659-WHA Document 113-7 Filed 06/22/18 Page 3 of 5
`Case 3:17-cv-05659-WHA Document 113-7 Filed 06/22/18 Page 3 of 5
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`to withdraw any of
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`THE COURT: Will you do it by tomorrow at noon?
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`MR. ANDRE: Sixteen claims, we can do it by tomorrow
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`THE COURT: Okay. 16 claims tomorrow at noon.
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`MR. ANDRE:
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`It was baked into the schedule.
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`16
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`THE COURT: Those will be the 16.
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`Then I'm still
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`giving you two weeks from today,
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`I guess,
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`10
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`MR. ANDRE: Okay.
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`THE COURT:
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`Now you can't go -- once you limit it to
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`16, and you withdraw one, you can't substitute some other one.
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`You don't get to do that.
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`So if you withdraw one,
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`then you're
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`down to 15.
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`Case 3:17-cv-05659-WHA Document 113-7 Filed 06/22/18 Page 4 of5
`Case 3:17-cv-05659-WHA Document 113-7 Filed 06/22/18 Page 4 of 5
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`How many of these patents are still
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`MR. ANDRE: Your Honor, as far as the PTAB situation
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`goes,
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`the patents that are involved in this case I think
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`they've been subject to about 25 or 30 IPR petitions.
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`Nothing's in the PTAB except for one. One of the patents --
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`the patents have all survived multiple PTAB challenges. And so
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`the claims that we'll select,
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`there's a chance that one of the
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`patents has been instituted but has not been final. And so
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`that's the only patent that has anything that would be
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`implicated in the shootout.
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`THE COURT: Well, my thought is that that won't affect
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`us. We'll just push ahead.
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`If you pick one that's going to be
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`at the PTAB or you pick one that's at the PTAB,
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`I'm just going
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`to ignore the PTAB and make my own decision.
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`So unless you two
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`could stipulate to something I might figure out a -- but the
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`PTAB will not resolve any of these by August. Right?
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`MS. CARSON: That's correct. There's also a number of
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`recent proceedings that have been filed but not yet reached the
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`institution decision phase by other defendants.
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`THE COURT:
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`CERTIFICATE OF REPORTER
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`I certify that the foregoing is a correct transcript
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`from the record of proceedings in the above-entitled matter.
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`DATE:
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`Thursday, February 27, 2018.
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`Case 3:17-cv-05659-WHA Document 113-7 Filed 06/22/18 Page 5of5
`Case 3:17-cv-05659-WHA Document 113-7 Filed 06/22/18 Page 5 of 5
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`Vicki Eastvold, RMR, CRR, U.S. Court Reporter
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