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`
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`Paul Andre
`Partner
`T 650.752.1710
`pandre@kramerlevin.com
`
`
`September 7, 2018
`
`
`
`
`
`990 Marsh Road
`Menlo Park, CA 94025-1949
`T 650.752.1700
`F 650.752.1800
`
`Hon. William Alsup
`U.S. District Court, N. District of California
`450 Golden Gate Avenue
`San Francisco, CA 94102
`
`Re:
`
`Finjan, Inc. v. Juniper Networks, Inc., Case No. 3:17-cv-05659-WHA
`
`Dear Judge Alsup:
`
`Finjan, Inc. (“Finjan”) writes in response to the ex parte letter that Juniper Networks, Inc.
`(“Juniper”) filed with the Court today because Juniper mischaracterizes Finjan’s
`discussions with Juniper. Dkt. No. 194. On Wednesday, September 5th, Finjan called
`Juniper to discuss the Court’s Third Amended Scheduling Order (“Order”) because
`Juniper had indicated on an earlier call that it understood the Court’s Order to be limited
`to a trial on issues for infringement of the ‘494 Patent. During that September 5th call,
`Finjan noted that a literal reading of the Court’s Order indicated that the December 10th
`trial was not necessarily limited to issues for the ‘494 Patent as the Court’s Order stated
`that it “superseded all previous case management orders.” Thus, a literal reading of the
`Order would include the case management order that originally set trial in this case for
`July, 2019. Given the importance of the interpretation of the Court’s Order, Finjan
`suggested that the parties prepare an appropriate joint submission to the Court. Juniper
`indicated that it would need to consider the Order and that it would get back to Finjan
`promptly. Despite Finjan’s follow-up call, voicemail, and an email to Juniper’s counsel
`asking about making a joint submission on September 6th and 7th, Juniper, with no
`warning given to Finjan, filed an ex parte letter seeking clarification.
`
`Finjan is willing and able to try any combination of patents or issues for the scheduled
`December 10th trial that the Court deems suitable, including a trial covering all patents
`and issues or a trial only on those issues related to infringement of the ‘494 Patent. Once
`the Court has provided clarification on the scope of its Order, Finjan will work with
`Juniper to set out a suitable schedule to prepare for trial.
`
`
`
`Case 3:17-cv-05659-WHA Document 195 Filed 09/07/18 Page 2 of 2
`
`Hon. William Alsup
`September 7, 2018
`
`
`Respectfully submitted,
`
`/s/ Paul Andre
`Paul Andre
`Kramer Levin Naftalis & Frankel LLP
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
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`2
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