`
`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Joshua Glucoft (SBN 301249)
`jglucoft@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone: (310) 277-1010
`Facsimile: (310) 203-7199
`
`Rebecca Carson (SBN 254105)
`rcarson@irell.com
`Nima Hefazi (SBN 272816)
`nhefazi@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.
`
`
`
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`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`FINJAN, INC., a Delaware Corporation,
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`Plaintiff,
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`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
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`vs.
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`Defendant.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10409047
`
`
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`Case No. 3:17-cv-05659-WHA
`
`DECLARATION OF REBECCA CARSON
`IN SUPPORT OF JUNIPER NETWORKS,
`INC.’S MOTION TO DISMISS FOR
`FAILURE TO STATE A CLAIM UNDER
`RULE 12(b)(6)
`
`Date:
`Time:
`Judge:
`Courtroom:
`
`February 1, 2018
`8:00 a.m.
`William Alsup
`12 – 19th Floor
`
`NOTICE OF MOTION AND MOTION TO DISMISS
`Case No. 3:17-cv-05659-WHA
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 23-1 Filed 12/22/17 Page 2 of 2
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`DECLARATION OF REBECCA CARSON
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`I, Rebecca Carson, declare as follows:
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`1.
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`I am an attorney at the law firm of Irell & Manella LLP, counsel of record for
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`Juniper Networks, Inc. in the above-captioned action. I am a member in good standing of the
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`State Bar of California and have been admitted to practice before this Court. I have personal
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`knowledge of the facts set forth in this Declaration and, if called as a witness, could and would
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`testify competently to such facts under oath.
`
`2.
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`Attached hereto as Exhibit A is a true and correct copy of
`
`http://www.juniper.net/documentation/, which is Exhibit 21 to the Complaint filed by Finjan on
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`September 29, 2017.
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`3.
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`Attached hereto as Exhibit B is a true and correct copy of
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`https://www.juniper.net/documentation/en_US/release-independent/junos/topics/concept/services-
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`gateway-srx240-jtac.html, which is Exhibit 22 to the Complaint filed by Finjan on September 29,
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`14
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`2017.
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`4.
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`U.S. Patent Nos. 6,154,844 (“’844 Patent”) and U.S. Patent No. 6,677,494 (“’494
`
`patent”) claim priority to U.S. Patent No. 6,156,520 (’520 patent), which was filed on January 29,
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`1997 and expired on January 29, 2017. Thus, the ’844 and ’494 patents also expired on January
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`29, 2017. U.S. Patent No. ,613,926 (“’926 patent”) is subject to a terminal disclaimer against the
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`’844 patent so the ’926 patent expired on January 29, 2017 as well. U.S. Patent No. 7,647,633
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`(“’633 patent”) is subject to a terminal disclaimer against U.S. Patent No. 7,058,822 (’822 patent),
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`which claims priority to the ’520 patent. Since the ’520 patent expired on January 29, 2017, the
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`’822 patent is expired, and so is the ’633 patent.
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`Executed on December 22, 2017, at Newport Beach, California.
`
`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10409047
`
`
` /s/ Rebecca Carson
`Rebecca Carson
`
`- 1 -
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