Case 3:17-cv-05659-WHA Document 182-1 Filed 08/20/18 Page 1 of 3
`
`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Joshua P. 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 L. 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
`
`Attorneys for Defendant
`JUNIPER NETWORKS, INC.
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`)
`Case No. 3:17-cv-05659-WHA
`)
`
`DECLARATION OF REBECCA L.
`)
`CARSON IN SUPPORT OF DEFENDANT
`)
`JUNIPER NETWORKS, INC.’S REPLY
`)
`TO PLAINTIFF FINJAN, INC.’S
`)
`OPENING CLAIM CONSTRUCTION
`)
`BRIEF
`)
`
`)
`
`)
`
`
`FINJAN, INC.,
`
`Plaintiff,
`
`vs.
`
`
`JUNIPER NETWORKS, INC.,
`
`Defendant.
`
`
`
`
`
`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
`
`L & MANELLA LLP
`stered Limited Liability
`
`10125765
`
`
`
`
`
`DECLARATION OF REBECCA CARSON ISO JUNIPER’S
`REPLY TO FINJAN’S OPENING CLAIM CONSTRUCTION
`Case No. 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 182-1 Filed 08/20/18 Page 2 of 3
`
`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.
`Attached as Exhibit 1 is a true and correct copy of U.S. Patent No. 7,647,633.
`3.
`Attached as Exhibit 2 is a true and correct copy of U.S. Patent No. 6,154,844.
`4.
`Attached as Exhibit 3 is a true and correct copy of U.S. Patent No. 7,613,926.
`5.
`Attached as Exhibit 4 is a true and correct copy of U.S. Patent No. 8,141,154.
`6.
`Attached as Exhibit 5 is a true and correct copy of excerpts of documents filed in
`USPTO Ex Parte Reexamination No. 90/013,016 concerning U.S. Patent No. 7,647,633.
`7.
`Attached as Exhibit 6 is a true and correct copy of IPR2018-00391, Paper 7,
`Institution Decision, dated March 28, 2018.
`8.
`Attached as Exhibit 7 is a true and correct copy of IPR2018-00391, Paper 6, Patent
`Owner’s Preliminary Response, dated June 5, 2018.
`9.
`Attached as Exhibit 8 is a true and correct copy of Finjan’s Preliminary Response
`which is part of the prosecution history of U.S. Patent No. 7,647,633, dated June 22, 2005.
`10.
`Attached as Exhibit 9 is a true and correct copy of Finjan’s Amendment and
`Response to Office Action which is part of the prosecution history of U.S. Patent No. 7,647,633,
`dated May 26, 2009.
`11.
`Attached as Exhibit 10 is a true and correct copy of Finjan’s Response to Non-Final
`Office Action which is part of the prosecution history of U.S. Patent No. 7,647,633, dated
`February 19, 2014.
`12.
`Attached as Exhibit 11 is a true and correct copy of excerpts of documents filed
`during the Prosecution of U.S. Patent No. 6,154,844.
`
`
`
`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
`
`L & MANELLA LLP
`stered Limited Liability
`
`10125765
`
`
`
`- 1 -
`
`DECLARATION OF REBECCA CARSON ISO JUNIPER’S
`REPLY TO FINJAN’S OPENING CLAIM CONSTRUCTION
`Case No. 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 182-1 Filed 08/20/18 Page 3 of 3
`
`13.
`Attached as Exhibit 12 is a true and correct copy of excerpts of the Transcript of the
`Claim Construction Hearing in Finjan, Inc. v. ESET, LLC, Case No. 17-cv-0183-CAB, dated
`September 26, 2017.
`14.
`Attached as Exhibit 13 is a true and correct copy of IPR2015-01894, Paper 6,
`Patent Owner’s Preliminary Response, dated December 17, 2015.
`15.
`Attached as Exhibit 14 is a true and correct copy of IPR2016-00498, Paper 8,
`Patent Owner’s Preliminary Response, dated April 29, 2016.
`16.
`Attached as Exhibit 15 is a true and correct copy of U.S. Patent No. 6,804,780.
`17.
`Attached as Exhibit 16 is a true and correct copy of IPR2015-00907, Paper 7,
`Patent Owner’s Preliminary Response, dated June 26, 2015.
`18.
`Attached as Exhibit 17 is a true and correct copy of IPR2015-00907, Paper 8,
`Institution Decision, dated September 24, 2015.
`19.
`Attached as Exhibit 18 is a true and correct copy of IPR 2015-01979, Paper 62,
`Final Written Decision, dated March 15, 2017.
`20.
`Attached as Exhibit 19 is a true and correct copy of Appendix E-1 to Finjan’s
`Infringement Contentions served in this case.
`21.
`Attached as Exhibit 20 is a true and correct copy of IPR 2016-00151, Paper 51,
`Final Written Decision, dated March 15, 2017.
`22.
`Attached as Exhibit 21 is a true and correct copy of excerpts of the transcript of the
`deposition of Dr. Eric B. Cole, dated June 21, 2018.
`23.
`Attached as Exhibit 22 is a true and correct copy of excerpts of the CONCISE
`OXFORD ENGLISH DICTIONARY, Eleventh Edition, published in 2009.
`Executed this 20th day of August, 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 L. Carson
`Rebecca L. Carson
`
`
`
`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
`
`L & MANELLA LLP
`stered Limited Liability
`
`10125765
`
`
`
`- 2 -
`
`DECLARATION OF REBECCA CARSON ISO JUNIPER’S
`REPLY TO FINJAN’S OPENING CLAIM CONSTRUCTION
`Case No. 3:17-cv-05659-WHA
`
`