Case 3:17-cv-05659-WHA Document 197-2 Filed 09/21/18 Page 1 of 6
`Case 3:17-cv-05659-WHA Document 197-2 Filed 09/21/18 Page 1 of 6
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`EXHIBIT 1
`EXHIBIT 1
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`Case 3:17-cv-05659-WHA Document 197-2 Filed 09/21/18 Page 1 of 6
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`EXHIBIT 1
`EXHIBIT 1
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`Case 3:17-cv-05659-WHA Document 197-2 Filed 09/21/18 Page 2 of 6
`Case 5:15-cv-03295-BLF Document 446 Filed 11/28/17 Page 1 of 245
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`407
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`FINJAN, INC., A DELAWARE
`CORPORATION,
`PLAINTIFF,
`
`VS.
`BLUE COAT SYSTEMS, INC.,
`DEFENDANT.
`
`CASE NO. CV-15-03295-BLF
`SAN JOSE, CALIFORNIA
`NOVEMBER 1, 2017
`VOLUME 3
`PAGES 407 - 650
`
`FOR THE PLAINTIFF:
`
`TRANSCRIPT OF TRIAL
`BEFORE THE HONORABLE BETH LABSON FREEMAN
`UNITED STATES DISTRICT JUDGE AND A JURY
`A-P-P-E-A-R-A-N-C-E-S
`KRAMER, LEVIN, NAFTALIS & FRANKEL,
`LLP
`BY: PAUL J. ANDRE
`LISA KOBIALKA
`JAMES HANNAH
`KRISTOPHER KASTENS
`HANNAH LEE
`990 MARSH ROAD
`MENLO PARK, CALIFORNIA 94025
`QUINN, EMANUEL, URQUHART & SULLIVAN
`LLP
`BY:
`DAVID A. NELSON
`NATHAN HAMSTRA
`500 W. MADISON STREET, SUITE 2450
`CHICAGO, ILLINOIS 60661
`(APPEARANCES CONTINUED ON THE NEXT PAGE.)
`OFFICIAL COURT REPORTERS:
`IRENE L. RODRIGUEZ, CSR, RMR, CRR
`CERTIFICATE NUMBER 8074
`LEE-ANNE SHORTRIDGE, CSR, CRR
`CERTIFICATE NUMBER 9595
`PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY,
`TRANSCRIPT PRODUCED WITH COMPUTER.
`
`FOR THE DEFENDANT:
`
`UNITED STATES COURT REPORTERS
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`Case 3:17-cv-05659-WHA Document 197-2 Filed 09/21/18 Page 3 of 6
`Case 5:15-cv-03295-BLF Document 446 Filed 11/28/17 Page 45 of 245
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`451
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`MARKETING REQUIREMENTS, DOCUMENTS, ET CETERA.
`Q.
`AND DID YOU WRITE ANY TECHNICAL DOCUMENTS AS PART OF YOUR
`WORK?
`A.
`YES, YES.
`Q.
`AND WHAT TYPES OF DOCUMENTS?
`A.
`EVERYTHING FROM DATA SHEETS TO TECHNICAL WHITE PAPERS,
`PRESENTATIONS, ET CETERA.
`Q.
`AND DID YOU HAVE THE SAME TYPE OF ROLE AT FINJAN WHEN YOU
`WERE THERE?
`A.
`I DID, YES.
`Q.
`AND WHEN DID YOU JOIN FINJAN?
`A.
`IN 1999.
`Q.
`AND HOW LONG WERE YOU THERE?
`A.
`ABOUT THREE YEARS.
`Q.
`AND WHAT WAS YOUR POSITION AT FINJAN?
`A.
`WHEN I WAS HIRED, I WAS HIRED AS DIRECTOR OF CORPORATE
`COMMUNICATIONS, AND THEN I BECAME DIRECTOR OF MARKETING, AND
`THEN AT THE END I WAS VICE PRESIDENT OF MARKETING.
`Q.
`AND HOW DID YOU INTERACT WITH THE ENGINEERING TEAM AT
`FINJAN WHILE YOU WERE THERE?
`A.
`ON A WEEKLY BASIS WE WOULD HAVE PLANNING SESSIONS, REVIEW
`BUILDS OF PRODUCT. AS YOU BUILD SOFTWARE PRODUCT, THEY REVIEW
`THE RELEASE BUILDS EVERY WEEK TO HELP TO TRY TO DEFINE THE
`FEATURES AND TRY TO RELAY WHAT WAS OCCURRING IN THE MARKET TO
`CUSTOMERS WHAT THEY WANTED AND WHAT WE NEEDED TO BUILD
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`UNITED STATES COURT REPORTERS
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`Case 3:17-cv-05659-WHA Document 197-2 Filed 09/21/18 Page 4 of 6
`Case 5:15-cv-03295-BLF Document 446 Filed 11/28/17 Page 53 of 245
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`459
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`BE PUBLISHED.
`THE COURT: NO, IT'S NOT TO BE PUBLISHED. IT'S TO
`ALLOW THE WITNESS TO TAKE A LOOK.
`THE CLERK: IT'S NOT PUBLISHED.
`THE WITNESS: I'M SORRY. IT'S HARD FOR ME TO FIND.
`THERE'S A LOT OF NUMBERS ON THE SIDE FOR THE DEPOSITION.
`SO IS THERE A PAGE NUMBER THAT YOU CAN REFER TO THAT --
`THERE'S A LOT OF DIFFERENT PAGES ON HERE.
`MR. MARDER: I'M SORRY. JUST ONE SECOND, SIR.
`THE WITNESS: AND THIS IS THE SYMANTEC II DEPO?
`BY MR. MARDER:
`Q.
`YES. AND THAT CITATION IS ACTUALLY PAGE 14, LINE 4
`THROUGH 18.
`THE COURT: ARE YOU ABLE TO FIND THE PAGE NUMBERS,
`MR. KROLL?
`THE WITNESS: YES, I AM LOOKING ON HERE.
`THE COURT: OKAY.
`(PAUSE IN PROCEEDINGS.)
`THE WITNESS: OKAY. IS THAT LINE 10?
`BY MR. MARDER:
`Q.
`THAT'S THE STATEMENT THAT I WAS REFERRING TO, YES.
`A.
`OKAY. YES. YEAH, I SEE THAT.
`Q.
`GREAT. BUT YOU ARE AN INVENTOR ON THE '494 PATENT; RIGHT?
`A.
`YES.
`Q.
`AND CAN WE TAKE A LOOK AT CLAIM 10 OF JTX 3006.
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`UNITED STATES COURT REPORTERS
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`Case 3:17-cv-05659-WHA Document 197-2 Filed 09/21/18 Page 5 of 6
`Case 5:15-cv-03295-BLF Document 446 Filed 11/28/17 Page 54 of 245
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`460
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`AND YOU UNDERSTAND THAT THIS CLAIM IS ASSERTED IN THIS
`CASE; RIGHT?
`A.
`I DON'T SEE IT ON THE SCREEN.
`THE COURT: IS YOUR SCREEN BLANK?
`THE WITNESS: IT IS WORKING NOW.
`THE COURT: OKAY. GOOD.
`BY MR. MARDER:
`Q.
`SO DO YOU UNDERSTAND THAT CLAIM 10 IS ASSERTED IN THIS
`CASE?
`A.
`LET ME READ.
`(PAUSE IN PROCEEDINGS.)
`THE WITNESS: OKAY. YES, I SEE.
`BY MR. MARDER:
`Q.
`AND YOU HELPED COME UP WITH THE IDEA BEHIND CLAIM 10 WHILE
`YOU WERE WORKING AT FINJAN; IS THAT RIGHT?
`A.
`THAT'S --
`THE COURT: ARE YOU HAVING TROUBLE HEARING?
`JUROR: SHOULD WE BE ABLE TO SEE CLAIM 10?
`THE COURT: NO. NOT RIGHT NOW.
`JUROR: OKAY. THANK YOU.
`THE COURT: THANK YOU FOR ASKING.
`THE WITNESS: COULD YOU REPEAT THE QUESTION?
`BY MR. MARDER:
`Q.
`YES. YOU HELPED COME UP WITH THE IDEA BEHIND CLAIM 10
`DURING YOUR TIME AT FINJAN; IS THAT RIGHT?
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`UNITED STATES COURT REPORTERS
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`Case 3:17-cv-05659-WHA Document 197-2 Filed 09/21/18 Page 6 of 6
`Case 5:15-cv-03295-BLF Document 446 Filed 11/28/17 Page 55 of 245
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`461
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`YES.
`A.
`AND YOU BELIEVE THAT THE INVENTION OF THE '494 IS BEHAVIOR
`Q.
`MONITORING; RIGHT?
`A.
`YES.
`Q.
`AND BEHAVIOR MONITORING IS MONITORING THE ACTIONS THAT A
`FILE TAKES; IS THAT RIGHT?
`A.
`YES.
`Q.
`ALL RIGHT.
`A.
`THAT'S ONE WAY TO DESCRIBE IT.
`Q.
`WELL, THAT'S THE WAY THAT YOU HAVE DESCRIBED IT; IS THAT
`RIGHT?
`A.
`THERE'S VARIOUS WAYS THAT I PROBABLY DESCRIBED IT OVER THE
`YEARS, BUT THAT'S ONE WAY, YES.
`MR. MARDER: RIGHT. THANK YOU VERY MUCH.
`NO MORE QUESTIONS, YOUR HONOR.
`THE COURT: REDIRECT, MR. HANNAH?
`MR. HANNAH: NO, YOUR HONOR. THANK YOU.
`THE COURT: AND MAY MR. KROLL BE EXCUSED?
`MR. HANNAH: ABSOLUTELY.
`THE COURT: MR. KROLL, THANK YOU FOR YOUR TESTIMONY.
`YOU'RE FREE TO GO.
`MR. ANDRE, YOUR NEXT WITNESS.
`MR. ANDRE: YOUR HONOR, WE'RE GOING TO BE PLAYING A
`SERIES OF FOUR DEPO CLIPS RIGHT NOW.
`I WANT TO INTRODUCE ONE OF THESE INDIVIDUALLY BECAUSE
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`UNITED STATES COURT REPORTERS
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