Case 3:17-cv-05659-WHA Document 212-2 Filed 10/25/18 Page 1 of 5
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`Exhibit 1
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`Case 3:17-cv-05659-WHA Document 212-2 Filed 10/25/18 Page 2 of 5
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
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`Pursuant to Fed. R. Civ. P. 26 and 33, Plaintiff Finjan, Inc. (“Finjan”) provides these
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`supplemental responses to Defendant, Juniper Networks, Inc.’s (“Juniper” or “Defendant”) First Set of
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`Interrogatories (“Interrogatories”) Nos. 3, 4, 6 and 7. Finjan makes these objections and responses
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`herein (collectively “Responses”) based solely on its current knowledge, understanding, and belief as
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`to the facts and information reasonably available to it as of the date of the Responses.
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`Additional discovery and investigation may lead to additions to, changes in, or modifications of
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`these Responses. The Responses, therefore, are given without prejudice to Finjan’s right to further
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`supplement these Responses pursuant to Fed. R. Civ. P. 26(e), or to provide subsequently discovered
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`information and to introduce such subsequently discovered information at the time of any trial or
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`proceeding in this action.
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`Finjan hereby incorporates by reference each and every general objection and objection to
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`definition and instruction set forth in Finjan’s original objections and responses to Juniper’s First Set
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`of Interrogatories into each and every specific Response as if fully set forth herein.
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`INTERROGATORY NO. 3:
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`INTERROGATORY RESPONSES
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`For each of the Patents-in-Suit, describe in detail (including identification of all relevant facts,
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`documents, evidence, and persons with knowledge) all efforts made by Finjan or any other party to
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`comply with the provisions of 35 U.S.C. § 287, including whether each of the Finjan Products and
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`Licensee Products was marked, the manner and extent to which it was marked, and any efforts by
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`Finjan to ensure compliance by licensees with any marking obligations related to the Licensee
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`Products.
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`RESPONSE TO INTERROGATORY NO. 3:
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`Finjan objects to this Interrogatory as overbroad, unduly burdensome, and oppressive to the
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`extent it seeks information not relevant to any claim or defense of any party and/or not reasonably
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`calculated to lead to the discovery of admissible evidence. Finjan objects to this Interrogatory to the
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`extent that it seeks confidential, business, financial, proprietary or sensitive information or trade secrets
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`of third parties, which is subject to pre-existing protective order(s) and/or confidentiality agreements;
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`FINJAN’S FIRST SUPP. OBJ. & RESP. TO JUNIPER’S
`FIRST SET OF INTERROGATORIES (NOS. 3, 4, 6, 7)
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` CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 212-2 Filed 10/25/18 Page 3 of 5
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
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`Finjan’s investigation of this matter is ongoing and it will comply with Fed. R. Civ. P. 26(e) should
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`additional information become known to it.
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`FIRST SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 3:
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`Finjan incorporates its objections set out in its original response to this Interrogatory as if fully
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`set forth herein. Finjan further objects to this Interrogatory as overbroad, unduly burdensome, and
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`oppressive to the extent it seeks irrelevant information and not proportional to the needs of this case.
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`Finjan further objects to this Interrogatory to the extent it makes an inaccurate or erroneous legal
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`conclusion that one or more Finjan’s licensees’ products are subject to the marking requirements of 35
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`U.S.C. § 287. Finjan objects to this Interrogatory as vague and ambiguous as to “any other party.”
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`Subject to and without waiving the foregoing general and specific objections, Finjan responds
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`as follows:
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`In or around 2009, Finjan’s product line merged with M86 Security. Trustwave then acquired
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`M86 in March, 2012. Both M86 Security and Trustwave continued to mark later versions of the Vital
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`Security appliance with the ‘844 and ‘780 Patents. For example, Trustwave offered and continues to
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`offer on its website www.trustwave.com various supporting documentation for its Secure Web
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`Gateway products which embodied Finjan’s Vital Security appliances. Under “Legacy Products,”
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`listed on https://www3.trustwave.com/support/downloads-and-documentation.asp, Trustwave has been
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`making it available to the public various documents bearing Finjan’s trademarks and patents including
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`the ‘844 and ‘780 Patents:
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`https://www3.trustwave.com/software/secure_web_gateway/manuals/vsr/VSRQuickInstallGuide.pdf
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`(Finjan’s VSR Quick Install Guide, FINJAN-JN 203405-19);
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`https://www3.trustwave.com/software/secure_web_gateway/manuals/9.2.0/Setup_and_Configuration_
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`Guide.pdf (Finjan’s Setup and Configuration Guide, FINJAN-JN 303302-98), Meanwhile, Finjan
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`continued to mark all Vital Security appliances on its website where it provided updates and release
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`notes to Vital Security appliances. Both M86 and Trustwave provided these updates and release notes
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`offered by Finjan and marking Finjan’s patents including the ‘844 and ‘780 Patents on their websites:
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`http://www.m86security.com/software/secure_web_gateway/NGUpdates/SecurityUpdates/vs_ng_secu
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`4
`FINJAN’S FIRST SUPP. OBJ. & RESP. TO JUNIPER’S
`FIRST SET OF INTERROGATORIES (NOS. 3, 4, 6, 7)
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` CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 212-2 Filed 10/25/18 Page 4 of 5
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
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`rity_update_84_release_notes.htm (FINJAN-JN 303299-301);
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`https://www3.trustwave.com/software/secure_web_gateway/NGUpdates/VSRUpdates/vsr_2_0_release
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`_notes.htm (FINJAN-JN 303403-4). Exemplary documents related to marking with the ‘844 and ‘780
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`Patents can be found at FINJAN-JN 009928-9997, FINJAN-JN 015593-878, and FINJAN-JN 020469-
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`474, FINJAN-JN 023240-819, FINJAN-JN 024325-351.
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`Finjan marked the FinjanMobile VitalSecurity Browser (later renamed FinjanMobile
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`VitalSecurity VPN Browser) (“VitalSecurity Browser”) with the ‘154 Patent starting around April
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`2016 and continues to mark until today (See https://www.finjanmobile.com/). Finjan marked the
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`VitalSecurity Browser with the ‘494 Patent starting on or around November 2016. Finjan marked its
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`software for its product on its website (i.e., virtual patent markings), listing the patents that its software
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`product practiced. Example documents related to this marking with the ‘154 and ‘494 Patents can be
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`found at FINJAN-JN 045244-91.
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`Finjan is not aware of any products offered by Finjan’s licensees that require marking of
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`Finjan’s patents. All of licensees that have entered into license and release agreements denied
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`admission of liability when entering such agreements or did not agree that any of their products
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`infringe the Patents-in-Suit. Further, these license and release agreements set forth typically in the
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`preamble that the purpose of the agreements were “[t]o avoid the time and expense of litigation, and
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`without any admission of liability of fault, Finjan and [Licensee(s)] wish to resolve and settle all
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`current and potential future claims between them, known and unknown.” FINJAN-JN 046087-134 at
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`¶¶ B, 8.9; FINJAN-JN 046159-76 at ¶¶ C, 2.3; FINJAN-JN 039749-68 at ¶¶ E, 2.3; FINJAN-JN
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`039841-63 at ¶¶ 2.6; FINJAN-JN 039897-911 at ¶¶ C, 2.3; FINJAN-JN 039877-90 at ¶¶ C, 2.3;
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`FINJAN-JN 046135-58 at ¶¶ C, 2.3; FINJAN-JN 046196-215 at ¶¶ C, 2.3; FINJAN-JN 039949-78 at
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`¶¶ C, 2.3; FINJAN-JN 039826-40 at ¶¶ C, 2.3; FINJAN-JN 039897-911 , 039891-96 at ¶¶ B, 2.3;
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`FINJAN-JN 039769-83 at ¶¶ B, 2.4; FINJAN-JN 039864-76 at ¶¶ B, 2.3; FINJAN-JN 040018-48 at ¶¶
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`2.3; FINJAN-JN 046216-35 at ¶ 3; FINJAN-JN 270257-87 at ¶¶ B, 2.4; FINJAN-JN 180249-54 at ¶ 6.
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`During discussions for a license, Finjan’s licensees did not agree that any specific product
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`infringed any specific patent. Finjan’s understanding is that the licensees would not enter into a
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`FINJAN’S FIRST SUPP. OBJ. & RESP. TO JUNIPER’S
`FIRST SET OF INTERROGATORIES (NOS. 3, 4, 6, 7)
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` CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 212-2 Filed 10/25/18 Page 5 of 5
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
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`license if they were obligated to mark products and Finjan did not have the details to confirm any
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`specific products practiced any of the Patents-in-Suit.
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`Similarly, Finjan and Microsoft entered into Confidential Patent License Agreement on June
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`24, 2005. This agreement did not identify any specific products and did not indicate that Microsoft
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`had, or intended to, incorporate any Finjan technology into its products, and was under no obligation to
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`do so. See, for example, Microsoft Agreement, Paragraph 2.4.
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`Additional information responsive to this Interrogatory can be ascertained from Finjan’s
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`document production in this matter, including but not limited to the following bates-numbered
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`documents: FINJAN-JN 193865-FINJAN-JN 193987; FINJAN-JN 195089-FINJAN-JN 195183;
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`FINJAN-JN 195370-FINJAN-JN 195548; FINJAN-JN 196651-FINJAN-JN 196790; FINJAN-JN
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`196791-FINJAN-JN 196845; FINJAN-JN 196875-FINJAN-JN 196918; FINJAN-JN 197094-FINJAN-
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`JN 197194; FINJAN-JN 197712-FINJAN-JN 197780; FINJAN-JN 198116-FINJAN-JN 198173;
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`FINJAN-JN 302656-FINJAN-JN 302772.
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`Furthermore, Finjan also identifies John Garland as having knowledge related to this
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`Interrogatory.
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`Finjan’s investigation of this matter is ongoing and it will comply with Fed. R. Civ. P. 26(e)
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`should additional information become known to it.
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`INTERROGATORY NO. 4:
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`For each Finjan Product or Licensee Product that was not marked, describe in detail (including
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`identification of all relevant facts, documents, evidence, and persons with knowledge) whether any
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`current or prior owner of the Patents-in-Suit or the inventors of the Patents-in-Suit ever contended that
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`such product practiced the claims of each Patent-in-Suit, and whether Finjan currently contends that
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`such product need not be marked on the grounds that it does not practice any claim of the Patents-in-
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`Suit.
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`RESPONSE TO INTERROGATORY NO. 4:
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`Finjan objects to this Interrogatory as overbroad, unduly burdensome, and oppressive to the
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`extent it seeks information not relevant to any claim or defense of any party and/or not reasonably
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`FINJAN’S FIRST SUPP. OBJ. & RESP. TO JUNIPER’S
`FIRST SET OF INTERROGATORIES (NOS. 3, 4, 6, 7)
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` CASE NO.: 3:17-cv-05659-WHA
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