Case 3:17-cv-05659-WHA Document 129-2 Filed 06/28/18 Page 1 of 6
`
`
`
`PAUL ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`FINJAN, INC., a Delaware Corporation,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
`
`
`Defendant.
`
`
`
`Case No.: 3:17-cv-05659-WHA
`
`DECLARATION OF KRISTOPHER
`KASTENS IN SUPPORT OF PLAINTIFF
`FINJAN, INC.’S OPPOSITION TO
`DEFENDANT JUNIPER NETWORKS, INC.’S
`MOTION FOR SUMMARY JUDGMENT
`
`Date:
`Time:
`Courtroom:
`Before:
`
`
`July 26, 2018
`8:00 a.m.
`Courtroom 12, 19th Floor
`Hon. William Alsup
`
`
`
`
`
`REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED
`
`
`DECL. OF KRISTOPHER KASTENS ISO FINJAN’S
`OPP.TO JUNIPER’S MOT. FOR SUMMARY JUDGMENT
`
`CASE NO. 3:17-cv-05659-WHA
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`

`

`Case 3:17-cv-05659-WHA Document 129-2 Filed 06/28/18 Page 2 of 6
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`I, Kristopher Kastens, duly declare as follows:
`
`1.
`
`I am an attorney at Kramer Levin Naftalis & Frankel LLP, counsel of record for
`
`plaintiff Finjan Inc. (“Finjan”). I have personal knowledge regarding the statements below and can
`
`testify competently about these statements. I submit this declaration in support of Finjan’s opposition
`
`to Defendant Juniper Networks, Inc.’s (“Juniper”) Motion for Summary Judgment (Dkt. No. 96).
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of excerpts from a document
`
`entitled “SRX Series Services Gateways for the Branch”, bearing bates number FINJAN-JN 005221.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of excerpts from a document
`
`entitled “SRX Space,” bearing bates number JNPR-FNJN_29017_00552580.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of a excerpts from a document
`
`entitled “Sky Advanced Threat Prevention Administration Guide,” bearing bates numbers FINJAN-JN
`
`005265-66 and FINJAN-JN 005269.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of excerpts from a document
`
`entitled
`
` bearing bates number JNPR-FNJN_29032_00590555.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of pages 169-170 and 172 from
`
`the transcript of the deposition of Chandra Nagarajan, taken on May 31, 2018.
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of excerpts of the Joe Sandbox –
`
`Report webpage bearing bates numbers FINJAN-JN 304957 and FINJAN-JN 304963.
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of pages 129, 144-145, and 449-
`
`458 of the printouts of Juniper source code.
`
`9.
`
`Attached hereto as Exhibit 8 is a true and correct copy of page 3 of the Notice of
`
`Allowability from the patent file history of U.S. Patent No. 6,804,780, dated May 13, 2004.
`
`10.
`
`Attached hereto as Exhibit 9 is a true and correct copy of pages 14 and 15 from
`
`“JavaScript for Dummies” bearing bates numbers FINJAN-JN 398436-37.
`
`11.
`
`Attached hereto as Exhibit 10 is a true and correct copy of pages 99 and 100 from the
`
`publication “Java in a Nutshell a Desktop Quick Reference” bearing bates numbers FINJAN-JN
`
`358556-57.
`
`1
`DECL. OF KRISTOPHER KASTENS ISO FINJAN’S
`OPP.TO JUNIPER’S MOT. FOR SUMMARY JUDGMENT
`
`CASE NO. 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 129-2 Filed 06/28/18 Page 3 of 6
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`12.
`
`Attached hereto as Exhibit 11 is a true and correct copy of page 2 from the Order
`
`Construing the Terms of U.S. Patent Nos. 6,092,194; 6,804,780; 7,058,822; 6,357,010; and 7,185,361
`
`from Finjan, Inc. v. Secure Computing, C.A. 06-cv-00369 (GMS), Dkt. 142 (D. Del. Dec. 11, 2007).
`
`13.
`
`Attached hereto as Exhibit 12 is a true and correct copy of pages 13 and 28 from the
`
`transcript of the deposition of Yuly Tenorio, taken on May 9, 2018.
`
`14.
`
`Attached hereto as Exhibit 13 is a true and correct copy of a document produced by
`
`Finjan, bearing bates numbers FINJAN-JN 045225.
`
`15.
`
`Attached hereto as Exhibit 14 is a true and correct copy of a document entitled
`
`
`
` bearing bates number JNPR-FNJN_29033_00858887.
`
`16.
`
`Attached hereto as Exhibit 15 is a true and correct copy of excerpts from a presentation
`
`entitled “Sky Advanced Threat Prevention Competitive Presentation” bearing bates numbers JNPR-
`
`FNJN_29008_00505454 and JNPR-FNJN_29008_00505456.
`
`17.
`
`Attached hereto as Exhibit 16 is a true and correct copy of excerpts from a presentation
`
`entitled
`
`JNPR-FNJN_29003_00163740.
`
` bearing bates number
`
`18.
`
`Attached hereto as Exhibit 17 is a true and correct copy of excerpts from a presentation
`
`entitled “Sky Advanced Threat Prevention” bearing bates number JNPR-FNJN_29008_00514123.
`
`19.
`
`Attached hereto as Exhibit 18 is a true and correct copy of a webpage entitled “Joe
`
`Sandbox Desktop – Analysis Report 34362” bearing bates number FINJAN-JN 358722.
`
`20.
`
`Attached hereto as Exhibit 19 is a true and correct copy of a document entitled “Juniper
`
`Sky Advanced Threat Protection vs. Locky Malware” bearing bates numbers JNPR-
`
`FNJN_29033_00635680-90.
`
`21.
`
`Attached hereto as Exhibit 20 is a true and correct copy of excerpts from a presentation
`
`entitled “Sky ATP Advanced Threat protection Juniper’s Sky IS the limit!” bearing bates number
`
`FINJAN-JN 044847.
`
`22.
`
`Attached hereto as Exhibit 21 is a true and correct copy of a document entitled
`
` bearing bates number JNPR-
`
`2
`DECL. OF KRISTOPHER KASTENS ISO FINJAN’S
`OPP.TO JUNIPER’S MOT. FOR SUMMARY JUDGMENT
`
`CASE NO. 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 129-2 Filed 06/28/18 Page 4 of 6
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`FNJN_29017_00552710.
`
`23.
`
`Attached hereto as Exhibit 22 is a true and correct copy of a document produced by
`
`Juniper, bearing bates numbers JNPR-FNJN_29030_00553951 and JNPR-FNJN_29030_00553954.
`
`24.
`
`Attached hereto as Exhibit 23 is a true and correct copy of pages 5-6 from Finjan’s First
`
`Set of Requests for Production of Documents to Juniper (Nos. 1-60), served on February 23, 2018,
`
`requesting all documents and communications relating to Finjan and the Asserted Patents, which
`
`included any internal pre-suit communications within Juniper regarding Finjan and its Asserted
`
`Patents. Documents responsive to Request Nos. 1-3 are communications between Meredith
`
`McKenzie and Scott Coonan, who communicated with Finjan regarding the Asserted Patents.
`
`25.
`
`Attached hereto as Exhibit 24 is a true and correct copy of excerpts from an email from
`
`Lisa Kobialka to Josh Glucoft dated June 10, 2018, regarding a June 8, 2018, discussion in which
`
`Juniper’s counsel confirmed that Ms. McKenzie and Mr. Coonan’s emails had been searched but not
`
`produced, despite the Court’s standing orders.
`
`26.
`
`Attached hereto as Exhibit 25 is a true and correct copy of excerpts from an email
`
`between Ivan Chaperot and Ms. McKenzie, bearing bates number FINJAN-JN 193509.
`
`27.
`
`Attached hereto as Exhibit 26 is a true and correct copy of excerpts from an email
`
`between Ivan Chaperot and Scott Coonan bearing bates number FINJAN-JN 193514.
`
`28.
`
`Attached hereto as Exhibit 27 is a true and correct copy of excerpts from a document
`
`produced by Finjan, bearing bates number FINJAN-JN 193518.
`
`29.
`
`Attached hereto as Exhibit 28 is a true and correct copy of pages 192-196, 199-200,
`
`219-220, and 224-225 from the transcript of the deposition of John Garland, taken on May 24, 2018.
`
`30.
`
`Attached hereto as Exhibit 29 is a true and correct copy of pages 4-6 from Finjan’s
`
`Second Supplemental Objections and Responses to Juniper’s First Set of Interrogatories (No. 6), served
`
`on May 23, 2018.
`
`31.
`
`Attached hereto as Exhibit 30 is a true and correct copy of excerpts from a presentation
`
`entitled “Finjan Cybersecurity” bearing bates number FINJAN-JN 303432.
`
`32.
`
`Attached hereto as Exhibit 31 is a true and correct copy of excerpts from a presentation
`
`3
`DECL. OF KRISTOPHER KASTENS ISO FINJAN’S
`OPP.TO JUNIPER’S MOT. FOR SUMMARY JUDGMENT
`
`CASE NO. 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 129-2 Filed 06/28/18 Page 5 of 6
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`entitled “Finjan Cybersecurity” bearing bates number FINJAN-JN 303441.
`
`33.
`
`Attached hereto as Exhibit 32 is a true and correct copy of excerpts from a document
`
`produced by Finjan, bearing bates number FINJAN-JN 303455.
`
`34.
`
`Attached hereto as Exhibit 33 is a true and correct copy of excerpts from a document
`
`produced by Finjan, bearing bates number FINJAN-JN 303459.
`
`35.
`
`Attached hereto as Exhibit 34 is a true and correct copy of excerpts from a document
`
`produced by Finjan, bearing bates number FINJAN-JN 303464.
`
`36.
`from Arthrex, Inc. v. Smith & Nephew, Inc., No. 15-cv-01047, Dkt. 275 (E.D. Tex. Nov. 29, 2016).
`
`Attached hereto as Exhibit 35 is a true and correct copy of pages 4-6 from an Order
`
`37.
`
`Attached hereto as Exhibit 36 is a true and correct copy of excerpts from an email
`
`between Ms. McKenzie and Julie Mar-Spinola bearing bates numbers FINJAN-JN 192859-60.
`
`38.
`
`Attached hereto as Exhibit 37 is a true and correct copy of excerpts from a February 9,
`
`2015 letter from Ivan Chaperot to Manoj Leelanivas, bearing bates numbers FINJAN-JN 180255 and
`
`FINJAN-JN 180261.
`
`39.
`
`Attached hereto as Exhibit 38 is a true and correct copy of a January 28, 2016, letter
`
`from Michael Kim to David Jakopin bearing bates numbers FINJAN-JN 193290-92.
`
`40.
`
`Attached hereto as Exhibit 39 is a true and correct copy of excerpts from a presentation
`
`entitled “Finjan Cybersecurity” bearing bates numbers FINJAN-JN 192954-55 and FINJAN-JN
`
`192979.
`
`41.
`
`Attached hereto as Exhibit 40 is a true and correct copy of pages 1-6 from Finjan’s First
`
`Supplemental Objections and Responses to Juniper’s First Set of Interrogatories (Nos. 3, 4, 6, 7),
`
`served on May 16, 2018.
`
`42.
`
`Attached hereto as Exhibit 41 is a true and correct copy of pages 1-2 from a webpage
`
`entitled “Aladdin agrees to private equity buy-out, merger with SafeNet”, available at
`
`https://www.finextra.com/newsarticle/19507/aladdin-agrees-to-private-equity-buy-out-merger-with-
`
`safenet, dated January 12, 2009.
`
`43.
`
`Attached hereto as Exhibit 42 is a true and correct copy of excerpts from the
`
`4
`DECL. OF KRISTOPHER KASTENS ISO FINJAN’S
`OPP.TO JUNIPER’S MOT. FOR SUMMARY JUDGMENT
`
`CASE NO. 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 129-2 Filed 06/28/18 Page 6 of 6
`
`
`
`Confidential Master Agreement between Finjan and Sophos Limited bearing bates number FINJAN-
`
`JN 039951.
`
`44.
`
`Attached hereto as Exhibit 43 is a true and correct copy of excerpts from the Settlement,
`
`Release, and License Agreement between Finjan and Webroot Inc. bearing bates number FINJAN-JN
`
`046112.
`
`45.
`
`46.
`
`Exhibit 44 is intentionally omitted.
`
`Attached hereto as Exhibit 45 is a true and correct copy of a document entitled “Sky
`
`Advanced Threat Prevention Scanned File Overview” bearing bates number FINJAN-JN 005415.
`
`47.
`
`Attached hereto as Exhibit 46 is a true and correct copy of pages 20-21, and 23-24 from
`
`the transcript of the deposition of Raju Manthena, taken on May 30, 2018.
`
`48.
`
`Attached hereto as Exhibit 47 is a true and correct copy of a document entitled “Sky
`
`Advanced Threat Prevention Profile Overview” bearing bates number FINJAN-JN 044854.
`
`49.
`
`Attached hereto as Exhibit 48 is a true and correct copy of a Wikipedia webpage
`
`entitled “Dropper (malware)” bearing bates number FINJAN-JN 358553.
`
`50.
`
`Attached hereto as Exhibit 49 is a true and correct copy of a diagram entitled “Machine
`
`Learning” bearing bates number JNPR-FNJN_29033_00858888.
`
`I declare under penalty of perjury under the laws of the United States of America that each
`
`of the above statements is true and correct. Executed on June 28, 2018, in Menlo Park, California.
`
`/s/ Kristopher Kastens
`Kristopher Kastens
`
`5
`DECL. OF KRISTOPHER KASTENS ISO FINJAN’S
`OPP.TO JUNIPER’S MOT. FOR SUMMARY JUDGMENT
`
`CASE NO. 3:17-cv-05659-WHA
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`