`Case 3:17-cv-05659-WHA Document 197-5 Filed 09/21/18 Page 1 of 43
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`EXHIBIT 4
`EXHIBIT 4
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`Case 3:17-cv-05659-WHA Document 197-5 Filed 09/21/18 Page 2 of 43
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`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
`)
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`JUNIPER NETWORKS, INC.’S FIRST
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`AMENDED ANSWER TO FINJAN, INC.’S
`)
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`SECOND AMENDED COMPLAINT FOR
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`PATENT INFRINGEMENT AND
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`COUNTER-CLAIMS
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`DEMAND FOR JURY TRIAL
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`Action filed: September 29, 2017
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`FINJAN, INC.,
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`Plaintiff,
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`vs.
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`JUNIPER NETWORKS, INC.,
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`Defendant.
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`10451943
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`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 197-5 Filed 09/21/18 Page 3 of 43
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`Defendant Juniper Networks, Inc. (“Juniper”) hereby submits this First Amended Answer
`to the Second Amended Complaint for Patent Infringement (Dkt. No. 171; the “SAC”) of
`plaintiffPlaintiff Finjan, Inc. (“Finjan”) as follows. Except as expressly admitted herein, Juniper
`denies each and every allegation contained in the SAC.
`THE PARTIES
`1.
`Juniper is without knowledge sufficient to form a belief as to the truth or falsity of
`the allegations contained in paragraph 1 of the SAC, and therefore Juniper denies these
`allegations.
`2.
`Juniper admits that it is a corporation organized and existing under the laws of the
`State of Delaware, having a place of business at 1133 Innovation Way, Sunnyvale, California
`94089. Juniper admits that, for purposes of this action, Juniper may be served through its agent
`for service of process, CT Corporation System, at 717 W. 7th Street, Suite 930, Los Angeles,
`California 90017. To the extent paragraph 2 of the SAC may be construed as containing
`additional allegations, Juniper denies such allegations.
`JURISDICTION AND VENUE
`3.
`Juniper admits that the SAC purports to set forth claims for patent infringement
`under 35 U.S.C. § 101 et seq. Juniper further admits that jurisdiction is allegedly based on 28
`U.S.C. §§ 1331 and 1338. Except as expressly admitted herein, Juniper denies each and every
`allegation contained in paragraph 3 of the SAC.
`4.
`Juniper admits, for purposes of this lawsuit only, that venue is proper in this
`District.
`5.
`Juniper admits that this Court has personal jurisdiction over Juniper. Juniper
`admits that it regularly and continuously does business in this District. Except as expressly
`admitted herein, Juniper denies each and every allegation contained in paragraph 5 of the SAC.
`INTRADISTRICT ASSIGNMENT
`6.
`Juniper admits that pursuant to Civil Local Rule 3-2(c), this action is properly
`assigned on a district-wide basis because the SAC purports to allege claims for patent infringement.
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`10451943
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`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
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`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 197-5 Filed 09/21/18 Page 4 of 43
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`FINJAN’S [ALLEGED] INNOVATIONS
`7.
`Juniper is without knowledge sufficient to form a belief as to the truth or falsity of
`the allegations contained in paragraph 7 of the SAC, and therefore Juniper denies these
`allegations.
`8.
`Juniper is without knowledge sufficient to form a belief as to the truth or falsity of
`the allegations contained in paragraph 8 of the SAC, and therefore Juniper denies these
`allegations.
`
`THE ASSERTED PATENTS
`9.
`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
`6,154,844 (“the ‘’844 Patent”) was attached to the SAC as Exhibit 1. Juniper admits that Exhibit
`1 bears on its face the title “System And Method For Attaching A Downloadable Security Profile
`To A Downloadable.” Juniper admits that Exhibit 1 states on its face that the alleged invention
`was invented by Shlomo Touboul and Nachshon Gal. Juniper denies that the ‘’844 Patent was
`duly or legally issued. Except as expressly admitted herein, Juniper is without knowledge or
`information sufficient to form a belief as to the truth or falsity of the allegations contained in
`paragraph 9 of the SAC, and therefore Juniper denies these allegations.
`10.
`Juniper is without knowledge or information sufficient to form a belief as to the
`truth or falsity of the allegations contained in paragraph 10 of the SAC, and therefore Juniper
`denies these allegations.
`11.
`Juniper denies each and every allegation contained in paragraph 11 of the SAC.
`12.
`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
`6,804,780 (“the ‘’780 Patent”) was attached to the SAC as Exhibit 2. Juniper admits that Exhibit
`2 bears on its face the title “System And Method For Protecting A Computer And A Network
`From Hostile Downloadables.” Juniper admits that Exhibit 2 states on its face that the alleged
`invention was invented by Shlomo Touboul. Juniper denies that the ‘’780 Patent was duly or
`legally issued. Except as expressly admitted herein, Juniper is without knowledge or information
`
`10451943
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`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
`
`(Case No. 3:17-cv-05659-WHA)
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`sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 12 of
`the SAC, and therefore Juniper denies these allegations.
`13.
`Juniper is without knowledge or information sufficient to form a belief as to the
`truth or falsity of the allegations contained in paragraph 13 of the SAC, and therefore Juniper
`denies these allegations.
`14.
`Juniper denies each and every allegation contained in paragraph 14 of the SAC.
`15.
`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
`7,647,633 (“the ‘’633 Patent”) was attached to the SAC as Exhibit 3. Juniper admits that Exhibit
`3 bears on its face the title “Malicious Mobile Code Runtime Monitoring System And Methods.”
`Juniper admits that Exhibit 3 states on its face that the alleged invention was invented by Yigal
`Mordechai Edery, Nimrod Itzhak Vered, David R. Kroll, and Shlomo Touboul. Juniper denies
`that the ‘’633 Patent was duly or legally issued. Except as expressly admitted herein, Juniper is
`without knowledge or information sufficient to form a belief as to the truth or falsity of the
`allegations contained in paragraph 15 of the SAC, and therefore Juniper denies these allegations.
`16.
`Juniper is without knowledge or information sufficient to form a belief as to the
`truth or falsity of the allegations contained in paragraph 16 of the SAC, and therefore Juniper
`denies these allegations.
`17.
`Juniper denies each and every allegation contained in paragraph 17 of the SAC.
`18.
`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
`7,613,926 (“the ‘’926 Patent”) was attached to the SAC as Exhibit 4. Juniper admits that Exhibit
`4 bears on its face the title “Method And System For Protecting A Computer And A Network
`From Hostile Downloadables.” Juniper admits that Exhibit 4 states on its face that the alleged
`invention was invented by Yigal Mordechai Edery, Nimrod Itzhak Vered, David R. Kroll, and
`Shlomo Touboul. Juniper denies that the ‘’926 Patent was duly or legally issued. Except as
`expressly admitted herein, Juniper is without knowledge or information sufficient to form a belief
`as to the truth or falsity of the allegations contained in paragraph 18 of the SAC, and therefore
`Juniper denies these allegations.
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`10451943
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`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
`
`(Case No. 3:17-cv-05659-WHA)
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`19.
`Juniper is without knowledge or information sufficient to form a belief as to the
`truth or falsity of the allegations contained in paragraph 19 of the SAC, and therefore Juniper
`denies these allegations.
`20.
`Juniper denies each and every allegation contained in paragraph 20 of the SAC.
`21.
`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
`8,141,154 (“the ‘’154 Patent”) was attached to the SAC as Exhibit 5. Juniper admits that Exhibit
`5 bears on its face the title “System And Method For Inspecting Dynamically Generated
`Executable Code.” Juniper admits that Exhibit 5 states on its face that the alleged invention was
`invented by David Gruzman and Yuval Ben-Itzhak. Juniper denies that the ‘’154 Patent was duly
`or legally issued. Except as expressly admitted herein, Juniper is without knowledge or
`information sufficient to form a belief as to the truth or falsity of the allegations contained in
`paragraph 21 of the SAC, and therefore Juniper denies these allegations.
`22.
`Juniper is without knowledge or information sufficient to form a belief as to the
`truth or falsity of the allegations contained in paragraph 22 of the SAC, and therefore Juniper
`denies these allegations.
`23.
`Juniper denies each and every allegation contained in paragraph 23 of the SAC.
`24.
`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
`8,677,494 (“the ‘’494 Patent”) was attached to the SAC as Exhibit 6. Juniper admits that Exhibit
`6 bears on its face the title “Malicious Mobile Code Runtime Monitoring System And Methods.”
`Juniper admits that Exhibit 6 states on its face that the alleged invention was invented by Yigal
`Mordechai Edery, Nirmrod [sic] Itzhak Vered, David R. Kroll, and Shlomo Touboul. Juniper
`denies that the ‘’494 Patent was duly or legally issued. Except as expressly admitted herein,
`Juniper is without knowledge or information sufficient to form a belief as to the truth or falsity of
`the allegations contained in paragraph 24 of the SAC, and therefore Juniper denies these
`allegations.
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`10451943
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`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
`
`(Case No. 3:17-cv-05659-WHA)
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`25.
`Juniper is without knowledge or information sufficient to form a belief as to the
`truth or falsity of the allegations contained in paragraph 25 of the SAC, and therefore Juniper
`denies these allegations.
`26.
`Juniper denies each and every allegation contained in paragraph 26 of the SAC.
`27.
`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
`7,418,731 (“the ‘’731 Patent”) was attached to the SAC as Exhibit 7. Juniper admits that Exhibit
`7 bears on its face the title “Method and System For Caching At Secure Gateways.” Juniper
`admits that Exhibit 7 states on its face that the alleged invention was invented by Shlomo Touboul.
`Juniper denies that the ‘’731 Patent was duly or legally issued. Except as expressly admitted
`herein, Juniper is without knowledge or information sufficient to form a belief as to the truth or
`falsity of the allegations contained in paragraph 27 of the SAC, and therefore Juniper denies these
`allegations.
`28.
`Juniper is without knowledge or information sufficient to form a belief as to the
`truth or falsity of the allegations contained in paragraph 28 of the SAC, and therefore Juniper
`denies these allegations.
`29.
`Juniper denies each and every allegation contained in paragraph 29 of the SAC.
`Juniper admits that the SAC refers to the ‘’844 Patent, the ‘’780 Patent, the ‘’633
`30.
`Patent, the ‘’926 Patent, the ‘’154 Patent, the ‘’494 Patent, and the ‘’731 Patent collectively as the
`“Asserted Patents.”
`FINJAN’S [ALLEGED] NOTICE OF INFRINGEMENT TO JUNIPER
`31.
`Juniper admits that Finjan and Juniper had discussions in June 2014. Juniper
`admits that Finjan contacted Defendant on or about June 10, 2014. Except as expressly admitted
`herein, Juniper denies each and every allegation contained in paragraph 31 of the SAC.
`Juniper admits that Finjan emailed Juniper a claim chart for the non-asserted ‘’968
`32.
`patent on or about July 2, 2014. Juniper admits that Finjan’s email from on or about July 2, 2014
`states on its face: “We believe a license to Finjan’s patent portfolio could be beneficial to some
`Juniper’s security products and services. Besides, we could also explore possible common
`
`10451943
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`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
`
`(Case No. 3:17-cv-05659-WHA)
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`interests relating to other patent collaborations such as co-investments or M&A activities in
`technology companies.” Except as expressly admitted herein, Juniper denies each and every
`allegation contained in paragraph 32 of the SAC.
`33.
`Juniper admits that on or about January 12, 2015, Finjan met with Juniper’s Senior
`Director of IP, Litigation and Strategy. Except as expressly admitted herein, Juniper denies each
`and every allegation contained in paragraph 33 of the SAC.
`34.
`Juniper admits that on or about February 13, 2015, Juniper sent a letter to Finjan
`that listed ten patents. Juniper admits that Finjan contacted Juniper on February 18, 2015 and
`February 20, 2015. Except as expressly admitted herein, Juniper denies each and every allegation
`contained in paragraph 34 of the SAC.
`35.
`Juniper admits that on or about October 1, 2015, Finjan sent a letter to Juniper.
`Except as expressly admitted herein, Juniper denies each and every allegation contained in
`paragraph 35 of the SAC.
`36.
`Juniper admits that on or about October 15, 2015, Finjan contacted Juniper’s
`Deputy General Counsel. Except as expressly admitted herein, Juniper denies each and every
`allegation contained in paragraph 36 of the SAC.
`37.
`Juniper admits that on or about November 24, 2015, Finjan spoke with Juniper’s
`Senior Director of IP, Litigation and Strategy by telephone. Except as expressly admitted herein,
`Juniper denies each and every allegation contained in paragraph 37 of the SAC.
`38.
`Juniper admits that one or about February 3, 2016, Finjan contacted Defendant’s
`Deputy General Counsel. Except as expressly admitted herein, Juniper denies each and every
`allegation contained in paragraph 38 of the SAC.
`39.
`Juniper admits that it has not taken a license to Finjan’s patents. Except as
`expressly admitted herein, Juniper denies each and every allegation contained in paragraph 39 of
`the SAC.
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`10451943
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`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
`
`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 197-5 Filed 09/21/18 Page 9 of 43
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`JUNIPER
`40.
`Juniper admits that it makes, uses, sells, offers for sale and/or imports the SRX
`Series Services Gateways, Sky Advanced Threat Prevention (“Sky ATP”), and Junos Space
`Security Director products. Except as expressly admitted herein, Juniper denies each and every
`allegation contained in paragraph 40 of the SAC.
`SRX Gateways
`41.
`Juniper admits that SRX Gateways include the: SRX110; SRX220; SRX300;
`SRX550; SRX1400; SRX1500; SRX3400; SRX3600; SRX5400; SRX5600; and SRX5800
`gateway appliances, as well as the vSRX Virtual Firewall and cSRX Container Firewall
`(collectively, “SRX Gateways”). Except as expressly admitted herein, Juniper denies each and
`every allegation contained in paragraph 41 of the SAC.
`Sky ATP
`Juniper denies each and every allegation contained in paragraph 42 of the SAC.
`Juniper denies each and every allegation contained in paragraph 43 of the SAC.
`Juniper denies each and every allegation contained in paragraph 44 of the SAC.
`Juniper denies each and every allegation contained in paragraph 45 of the SAC.
`Juniper denies each and every allegation contained in paragraph 46 of the SAC.
`Juniper denies each and every allegation contained in paragraph 47 of the SAC.
`Junos Space Security Director
`Juniper denies each and every allegation contained in paragraph 48 of the SAC.
`ATP Appliance
`49.
`Juniper denies each and every allegation contained in paragraph 49 of the SAC.
`JUNIPER’S [ALLEGED] INFRINGEMENT OF FINJAN’S PATENTS
`50.
`Juniper denies each and every allegation contained in paragraph 50 of the SAC.
`COUNT I
`([Alleged] Direct Infringement of the ‘’844 Patent pursuant to 35 U.S.C. § 271(a))
`
`42.
`43.
`44.
`45.
`46.
`47.
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`48.
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`51.
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`Juniper incorporates its answers to paragraphs 1 through 50.
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`10451943
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`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
`
`(Case No. 3:17-cv-05659-WHA)
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`52.
`53.
`54.
`55.
`56.
`57.
`58.
`59.
`60.
`61.
`62.
`63.
`64.
`65.
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`Juniper denies each and every allegation contained in paragraph 52 of the SAC.
`Juniper denies each and every allegation contained in paragraph 53 of the SAC.
`Juniper denies each and every allegation contained in paragraph 54 of the SAC.
`Juniper denies each and every allegation contained in paragraph 55 of the SAC.
`Juniper denies each and every allegation contained in paragraph 56 of the SAC.
`Juniper denies each and every allegation contained in paragraph 57 of the SAC.
`Juniper denies each and every allegation contained in paragraph 58 of the SAC.
`Juniper denies each and every allegation contained in paragraph 59 of the SAC.
`Juniper denies each and every allegation contained in paragraph 60 of the SAC.
`Juniper denies each and every allegation contained in paragraph 61 of the SAC.
`Juniper denies each and every allegation contained in paragraph 62 of the SAC.
`Juniper denies each and every allegation contained in paragraph 63 of the SAC.
`Juniper denies each and every allegation contained in paragraph 64 of the SAC.
`Juniper denies each and every allegation contained in paragraph 65 of the SAC.
`COUNT II
`([Alleged] Direct Infringement of the ‘’780 Patent pursuant to 35 U.S.C. § 271(a))
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`66.
`67.
`68.
`69.
`70.
`71.
`72.
`73.
`74.
`75.
`76.
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`Juniper incorporates its answers to paragraphs 1 through 65.
`Juniper denies each and every allegation contained in paragraph 67 of the SAC.
`Juniper denies each and every allegation contained in paragraph 68 of the SAC.
`Juniper denies each and every allegation contained in paragraph 69 of the SAC.
`Juniper denies each and every allegation contained in paragraph 70 of the SAC.
`Juniper denies each and every allegation contained in paragraph 71 of the SAC.
`Juniper denies each and every allegation contained in paragraph 72 of the SAC.
`Juniper denies each and every allegation contained in paragraph 73 of the SAC.
`Juniper denies each and every allegation contained in paragraph 74 of the SAC.
`Juniper denies each and every allegation contained in paragraph 75 of the SAC.
`Juniper denies each and every allegation contained in paragraph 76 of the SAC.
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`10451943
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`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
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`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 197-5 Filed 09/21/18 Page 11 of 43
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`COUNT III
`([Alleged] Direct Infringement of the ‘’633 Patent pursuant to 35 U.S.C. § 271(a))
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`77.
`78.
`79.
`80.
`81.
`82.
`83.
`84.
`85.
`86.
`87.
`88.
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`Juniper incorporates its answers to paragraphs 1 through 76.
`Juniper denies each and every allegation contained in paragraph 78 of the SAC.
`Juniper denies each and every allegation contained in paragraph 79 of the SAC.
`Juniper denies each and every allegation contained in paragraph 80 of the SAC.
`Juniper denies each and every allegation contained in paragraph 81 of the SAC.
`Juniper denies each and every allegation contained in paragraph 82 of the SAC.
`Juniper denies each and every allegation contained in paragraph 83 of the SAC.
`Juniper denies each and every allegation contained in paragraph 84 of the SAC.
`Juniper denies each and every allegation contained in paragraph 85 of the SAC.
`Juniper denies each and every allegation contained in paragraph 86 of the SAC.
`Juniper denies each and every allegation contained in paragraph 87 of the SAC.
`Juniper denies each and every allegation contained in paragraph 88 of the SAC.
`COUNT IV
`([Alleged] Direct Infringement of the ‘’926 Patent pursuant to 35 U.S.C. § 271(a))
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`89.
`90.
`91.
`92.
`93.
`94.
`95.
`96.
`97.
`98.
`99.
`
`Juniper incorporates its answers to paragraphs 1 through 88.
`Juniper denies each and every allegation contained in paragraph 90 of the SAC.
`Juniper denies each and every allegation contained in paragraph 91 of the SAC.
`Juniper denies each and every allegation contained in paragraph 92 of the SAC.
`Juniper denies each and every allegation contained in paragraph 93 of the SAC.
`Juniper denies each and every allegation contained in paragraph 94 of the SAC.
`Juniper denies each and every allegation contained in paragraph 95 of the SAC.
`Juniper denies each and every allegation contained in paragraph 96 of the SAC.
`Juniper denies each and every allegation contained in paragraph 97 of the SAC.
`Juniper denies each and every allegation contained in paragraph 98 of the SAC.
`Juniper denies each and every allegation contained in paragraph 99 of the SAC.
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`10451943
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`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
`
`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 197-5 Filed 09/21/18 Page 12 of 43
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`100.
`
`
`Juniper denies each and every allegation contained in paragraph 100 of the SAC.
`COUNT V
`([Alleged] Direct Infringement of the ‘’154 Patent pursuant to 35 U.S.C. § 271(a))
`
`101.
`102.
`103.
`104.
`105.
`106.
`107.
`108.
`109.
`110.
`111.
`
`Juniper incorporates its answers to paragraphs 1 through 100.
`Juniper denies each and every allegation contained in paragraph 102 of the SAC.
`Juniper denies each and every allegation contained in paragraph 103 of the SAC.
`Juniper denies each and every allegation contained in paragraph 104 of the SAC.
`Juniper denies each and every allegation contained in paragraph 105 of the SAC.
`Juniper denies each and every allegation contained in paragraph 106 of the SAC.
`Juniper denies each and every allegation contained in paragraph 107 of the SAC.
`Juniper denies each and every allegation contained in paragraph 108 of the SAC.
`Juniper denies each and every allegation contained in paragraph 109 of the SAC.
`Juniper denies each and every allegation contained in paragraph 110 of the SAC.
`Juniper denies each and every allegation contained in paragraph 111 of the SAC.
`COUNT VI
`([Alleged] Direct Infringement of the ‘’494 Patent pursuant to 35 U.S.C. § 271(a))
`
`112.
`113.
`114.
`115.
`116.
`117.
`118.
`119.
`120.
`121.
`122.
`
`Juniper incorporates its answers to paragraphs 1 through 111.
`Juniper denies each and every allegation contained in paragraph 113 of the SAC.
`Juniper denies each and every allegation contained in paragraph 114 of the SAC.
`Juniper denies each and every allegation contained in paragraph 115 of the SAC.
`Juniper denies each and every allegation contained in paragraph 116 of the SAC.
`Juniper denies each and every allegation contained in paragraph 117 of the SAC.
`Juniper denies each and every allegation contained in paragraph 118 of the SAC.
`Juniper denies each and every allegation contained in paragraph 119 of the SAC.
`Juniper denies each and every allegation contained in paragraph 120 of the SAC.
`Juniper denies each and every allegation contained in paragraph 121 of the SAC.
`Juniper denies each and every allegation contained in paragraph 122 of the SAC.
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`10451943
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`
`
`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
`
`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 197-5 Filed 09/21/18 Page 13 of 43
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`123.
`124.
`125.
`
`
`Juniper denies each and every allegation contained in paragraph 123 of the SAC.
`Juniper denies each and every allegation contained in paragraph 124 of the SAC.
`Juniper denies each and every allegation contained in paragraph 125 of the SAC.
`COUNT VII
`([Alleged] Direct Infringement of the ‘’731 Patent pursuant to 35 U.S.C. § 271(a))
`
`126.
`127.
`128.
`129.
`130.
`131.
`132.
`133.
`134.
`135.
`136.
`137.
`138.
`
`Juniper incorporates its answers to paragraphs 1 through 125.
`Juniper denies each and every allegation contained in paragraph 127 of the SAC.
`Juniper denies each and every allegation contained in paragraph 128 of the SAC.
`Juniper denies each and every allegation contained in paragraph 129 of the SAC.
`Juniper denies each and every allegation contained in paragraph 130 of the SAC.
`Juniper denies each and every allegation contained in paragraph 131 of the SAC.
`Juniper denies each and every allegation contained in paragraph 132 of the SAC.
`Juniper denies each and every allegation contained in paragraph 133 of the SAC.
`Juniper denies each and every allegation contained in paragraph 134 of the SAC.
`Juniper denies each and every allegation contained in paragraph 135 of the SAC.
`Juniper denies each and every allegation contained in paragraph 136 of the SAC.
`Juniper denies each and every allegation contained in paragraph 137 of the SAC.
`Juniper denies each and every allegation contained in paragraph 138 of the SAC.
`AFFIRMATIVE DEFENSES
`139.
`Juniper reserves the right to supplement the affirmative defenses enumerated below
`and to add additional affirmative defenses as discovery progresses.
`FIRST AFFIRMATIVE DEFENSE
`140. Finjan’s claims are barred, in whole or in part, because the patents-in-suit are
`invalid for failing to comply with one or more provisions of Title 35 of the United States Code,
`including 35 U.S.C. §§ 101, 102, 103, 112, and 282.
`
`10451943
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`
`
`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
`
`(Case No. 3:17-cv-05659-WHA)
`
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`Case 3:17-cv-05659-WHA Document 197-5 Filed 09/21/18 Page 14 of 43
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`
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`SECOND AFFIRMATIVE DEFENSE
`141.
`Juniper has not infringed and does not infringe any of the claims of the patents-in-
`suit, neither literally nor under the doctrine of equivalents.
`THIRD AFFIRMATIVE DEFENSE
`142. Finjan is estopped, by virtue of the cancellations, amendments, representations, and
`concessions made to the United States Patent and Trademark Office (“USPTO”) during the
`prosecution (including post-grant proceedings) of the patents-in-suit, from construing any claim of
`the patents-in-suit to have been infringed by Juniper.
`FOURTH AFFIRMATIVE DEFENSE
`143. Title 35 of the United States Code, section 288 precludes Finjan from recovering
`costs for alleged infringement of a patent containing one or more invalid claims on account of
`Finjan’s failure to enter a disclaimer of the invalid claim at the USPTO before the commencement
`of the suit. For example, claims 1, 2, and 6 of the ‘’494 Patent have been held not patentable.
`FIFTH AFFIRMATIVE DEFENSE
`144. Title 35 of the United States Code, section 286 precludes Finjan from recovering
`damages, if any, for alleged infringement that occurred more than six years prior to the
`commencement of this action.
`SIXTH AFFIRMATIVE DEFENSE
`145. Title 35 of the United States Code, section 287 limits and/or precludes recovery of
`damages, if any, by Finjan. On information and belief, Finjan has made, offered for sale, sold, or
`imported articles embodying one or more of the purported inventions of the patents-in-suit
`(including but not limited to the SurfinGate and SurfinShield products), but Finjan did not mark
`such articles as required under section 287.
`146. Similarly, on information and belief, Finjan has licensed the patents-in-suit to third
`parties that have made, offered for sale, sold, or imported articles embodying one or more of the
`purported inventions of the patents-in-suit (including but not limited to third parties that have
`settled litigation with Finjan, such as: Sophos Inc.; F5 Networks, Inc.; FireEye, Inc.; Proofpoint,
`
`10451943
`
`
`
`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`SECOND AMENDED COMPLAINT
`
`(Case No. 3:17-cv-05659-WHA)
`
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`Case 3:17-cv-05659-WHA Document 197-5 Filed 09/21/18 Page 15 of 43
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`
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`Inc.; Armorize Technologies, Inc.; Symantec Corp.; Blue Coat Systems, Inc.; Websense, Inc.;
`AVG Technologies CZ, s.r.o. and related entities; Secure Computing Corporation; Cyberguard
`Corporation; WebSphere AG; Aladdin Knowledge Systems, Inc. and related entities; McAfee,
`Inc.; and Webroot Software, Inc.), but such third parties did not mark such articles as required
`under Section 287.
`
`SEVENTH AFFIRMATIVE DEFENSE
`147. Finjan is not entitled to injunctive relief because any injury to Finjan is not
`immediate or irreparable, Finjan has an adequate remedy at law, the balance of hardships between
`the parties favors Juniper, and the public interest would be disserved by imposing injunctive relief.
`For example, all of the patents-in-suit issued more than three years before Finjan filed suit against
`Juniper, and some of the patents-in-suit issued more than a decade before Finjan filed suit against
`Juniper. As a further example, Finjan has offered to license to its patent portfolio to Juniper, and,
`on information and belief, Finjan has also offered and granted licenses to its patent portfolio to
`third parties.
`
`EIGHTH AFFIRMATIVE DEFENSE
`148. On information and belief, Finjan’s purported claims are barred by the doctrine of
`patent exhaustion and/or because of the existence of an implied or express license. For example,
`one or more of Juniper’s accused products rely on products or services provided by third parties
`that are, on information and belief, licensed to some or all of the patents-in-suit, including without
`limitation: McAfee, Inc.; Sophos Inc.; and Symantec Corp.
`NINTH AFFIRMATIVE DEFENSE
`149. Finjan’s claims are barred, in whole or in part, to the extent that Finjan accuses
`products or services that are used by or manufactured for the government of the U.S., pursuant to
`28 U.S.C. § 1498.
`
`TENTH AFFIRMATIVE DEFENSE
`150. Finjan’s claims based on the ‘’494, ‘’633, ‘’926, and ‘’154 Patents are barred
`because one or more of Finjan, the named inventors on those patents, their attorneys,
`
`10451943
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`
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`JUNIPER’S FIRST AMENDED ANSWER
`TO FINJAN’S SAC AND COUNTER-CLAIMS
`S