Case 3:17-cv-05659-WHA Document 126-4 Filed 06/28/18 Page 1 of 3
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`DECLARATION OF REBECCA CARSON
`I, Rebecca Carson, declare as follows:
`1.
`I am a member in good standing of the State Bar of California and a partner at
`Irell & Manella LLP, counsel of record in this action for Defendant Juniper Networks, Inc.
`(“Juniper”). I have personal knowledge of the facts set forth in this declaration, and I could and
`would testify competently thereto if called upon to do so.
`2.
`Documents produced by bearing Bates stamp FINJAN-JN 045244 through 045291
`consist solely of Finjan press releases and screen captures of Finjan’s website.
`3.
`Finjan’s Infringement Contentions related to claim 10 of the ‘494 Patent do not
`allege that the “database manager” element is met under the doctrine of equivalents.
`4.
`Juniper’s response to Finjan’s interrogatory no. 10 stated that Finjan’s
`Infringement Contentions were “indecipherable, unintelligible, and unduly vague and
`ambiguous.” During the course of Juniper’s in-person and telephonic conferring with Finjan on
`the issue, Juniper sent counsel for Finjan an email on May 22, 2018 stating that “Finjan’s
`infringement contentions are replete with conclusory statements untethered to the actual claim
`limitations and in general devoid of the requisite specificity. Juniper cannot explain how
`unidentified software components operate in a manner different than how Finjan alleges when
`Finjan does not even identify the specific accused software components in the first place.”
`Juniper offered to supplement its non-infringement contentions once Finjan had supplemented its
`Infringement Contentions, but Finjan never supplemented its Infringement Contentions.
`5.
`Based on the sales information that Juniper has produced in this matter, the total
`revenue of Sky ATP from November 24, 2015 through Jan. 29, 2017 was
`.
`6.
`Attached hereto as Exhibit 1 is a true and correct copy of U.S. Patent No.
`8,677,494 (“the ‘494 Patent”) asserted by Plaintiff Finjan, Inc. (“Finjan”) in this matter and
`produced by Finjan as FINJAN-JN 003821.
`7.
`Attached hereto as Exhibit 2 is a true and correct copy of select excerpts of the
`transcript of the deposition of John Garland, Finjan’s Rule 30(b)(6) witness on the following
`topic: “All facts and circumstances regarding any efforts taken to comply with the marking and
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`10537010
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`DECLARATION OF REBECCA CARSON ISO
`JUNIPER’S OPP. TO
`MOTION FOR SUMMARY JUDGMENT
`(Case No. 3:17-cv-05659-WHA)
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`REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED
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`Case 3:17-cv-05659-WHA Document 126-4 Filed 06/28/18 Page 2 of 3
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`notice provisions of 35 U.S.C. § 287 with respect to the Asserted Patents, including any efforts
`by Finjan to ensure compliance by its licensees with said marking provisions.”
`8.
`Attached hereto as Exhibit 3 is a true and correct copy of select excerpts of the
`transcript of the deposition of Juniper engineer Yuly Tenorio.
`9.
`Attached hereto as Exhibit 4 is a true and correct copy of select excerpts of the
`transcript of the deposition of Dr. Eric Cole, the expert upon which Finjan relies for its Motion
`for Summary Judgment regarding claim 10 of the ‘494 Patent (Dkt. No. 98, the “Motion”).
`10.
`Attached hereto as Exhibit 5 is a true and correct copy of “Dynamic Detection
`And Classification Of Computer Viruses Using General Behaviour Patterns” by Morton
`Swimmer et al., published in 1995 by the Virus Bulletin Conference (“Swimmer.”)
`11.
`Attached hereto as Exhibit 6 is a true and correct copy of select excerpts of
`Webster’s New World Dictionary of Computer Terms (6th ed., 1997).
`12.
`Attached hereto as Exhibit 7 is a true and correct copy of select excerpts of the
`directory argon\src\adapters\greyduckling\constants\pe_constants.py from the Juniper Source
`Code, bearing print numbering (and referenced by Finjan in its Motion as) pages 90-92.
`13.
`Attached hereto as Exhibit 8 is a true and correct copy of select excerpts of
`Plaintiff Finjan, Inc.’s Objections And Responses To Defendant Juniper Networks, Inc.’s First
`Set Of Requests For Admission (Nos. 1-76).
`14.
`Attached hereto as Exhibit 9 is a true and correct copy of select excerpts of
`Plaintiff Finjan, Inc.’s Objections And Responses To Defendant Juniper Networks, Inc.s’ First
`Set Of Interrogatories (Nos. 1-10).
`15.
`Attached hereto as Exhibit 10 is a true and correct copy of select excerpts of
`Plaintiff Finjan, Inc.’s First Supplemental Objections And Responses To Defendant Juniper
`Networks, Inc.’s First Set Of Interrogatories (Nos. 3, 4, 6, 7).
`16.
`Attached hereto as Exhibit 11 is a true and correct copy of select portions of
`Amazon’s website for its S3 object storage service, available at https://aws.amazon.com/s3/.
`17.
`Attached hereto as Exhibit 12 is a true and correct copy of select excerpts of
`Finjan’s Patent Owner’s Response (Paper 27) in Symantec Corp. v. Finjan, Inc., IPR2015-01892.
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`10537010
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`DECLARATION OF REBECCA CARSON ISO
`JUNIPER’S OPP. TO
`MOTION FOR SUMMARY JUDGMENT
`(Case No. 3:17-cv-05659-WHA)
`
`REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED
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`Case 3:17-cv-05659-WHA Document 126-4 Filed 06/28/18 Page 3 of 3
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`18.
`Attached hereto as Exhibit 13 is a true and correct copy of select portions of the
`Amazon DynamoDB Developer Guide, available at
`https://docs.aws.amazon.com/amazondynamodb/latest/developerguide/dynamodb-dg.pdf.
`19.
`Attached hereto as Exhibit 14 is a true and correct copy of select portions of
`Finjan’s Infringement Contentions related to the ‘494 Patent (and claim 10 in particular) against
`Websense, produced by Finjan as FINJAN-JN 191524.
`20.
`Exhibit 15 is intentionally left blank.
`21.
`Attached hereto as Exhibit 16 is a true and correct copy of select excerpts of
`Amazon’s “Frequently Asked Questions About Amazon DynamoDB,” available at
`https://aws.amazon.com/dynamodb/faqs/.
`22.
`Attached hereto as Exhibit 17 is a true and correct copy of select excerpts of the
`paper “Scanners of the Year 2000: Heuristics” by Dmitry Gryaznov, published in the
`Proceedings Of The Fifth International Virus Bulleting Conference in September 1995.
`23.
`Attached hereto as Exhibit 18 is a true and correct copy of select excerpts of the
`book SQL For Dummies (1995).
`24.
`Attached hereto as Exhibit 19 is a true and correct copy of select excerpts of the
`November 1991 issue of Virus Bulletin.
`//
`
`Executed this 28th day of June, 2018, at Newport Beach, California. I declare under penalty
`of perjury under the laws of the United States of America that the foregoing is true and correct.
`/s/ Rebecca Carson
`Rebecca Carson
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`10537010
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`DECLARATION OF REBECCA CARSON ISO
`JUNIPER’S OPP. TO
`MOTION FOR SUMMARY JUDGMENT
`(Case No. 3:17-cv-05659-WHA)
`
`REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED
`
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