`
`
`
`PAUL J. ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`FINJAN, INC., a Delaware Corporation,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
`
`
`
`
`
`
`Defendant.
`
`Case No.: 3:17-cv-05659-WHA
`
`DECLARATION OF KRISTOPHER
`KASTENS IN SUPPORT OF PLAINTIFF
`FINJAN, INC.’S OPPOSITION TO
`DEFENDANT JUNIPER NETWORKS,
`INC.’S MOTION TO EXCLUDE THE
`TESTIMONY OF MR. KEVIN M. ARST
`
`November 29, 2018
`
`Date:
`8:00 a.m.
`Time:
`Courtroom: Courtroom 12, 19th Floor
`Before:
`Hon. William Alsup
`
`
`
`
`
`
`KASTENS DECL. IN SUPPORT OF FINJAN’S OPP. TO
`MOTION TO EXCLUDE TESTIMONY OF MR. ARST
`
` CASE NO.: 3:17-cv-05659-WHA
`
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`Case 3:17-cv-05659-WHA Document 239-1 Filed 11/19/18 Page 2 of 3
`
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`I, Kristopher Kastens, declare:
`1.
`
`I am licensed to practice law in the State of California and am an attorney at Kramer
`
`Levin Naftalis & Frankel LLP, counsel of record for Finjan, Inc. (“Finjan”). I have personal
`
`knowledge of the facts stated herein. I make this declaration in support of Plaintiff Finjan, Inc.’s
`
`Opposition to Defendant Juniper Networks, Inc.’s (“Juniper”) Motion to Exclude the Testimony of Mr.
`
`Kevin M . Arst.
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of Expert Report of Dr. Eric
`
`Cole, served on September 11, 2018.
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of excerpts from Juniper’s
`
`Response to Finjan’s Third Set of Requests for Production (Nos. 87-97), served on August 10, 2018.
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of excerpts from Juniper’s
`
`Second Supplemental Response to Finjan’s Second Set of Interrogatories, served on September 7,
`
`2018.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of pages 52 and 81-82 from the
`
`transcript of the deposition of Philip Hartstein, taken on October 23, 2018.
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of pages 30-31 and 92-93 from
`
`the transcript of the deposition of John Garland, taken on November 2, 2018.
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of excerpts from Juniper’s
`
`Response to Finjan’s Fourth Set of Interrogatories, served on May 29, 2018.
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of excerpts from Finjan’s
`
`Disclosure of Damages Contentions Pursuant to Patent Local Rule 3-8, served on June 12, 2018.
`9.
`
`Attached hereto as Exhibit 8 is a true and correct copy of excerpts from Juniper’s
`
`Second Supplement to Initial Disclosures, served on November 5, 2018.
`10.
`
`Attached hereto as Exhibit 9 is a true and correct copy of pages 76-83, 85-93, 99-101,
`
`104, 106-107, 121, 125, 145-151, 158-159, and 173 from the transcript of the deposition of Dr. Eric
`
`Cole, taken on November 14, 2018.
`
`1
`KASTENS DECL. IN SUPPORT OF FINJAN’S OPP. TO
`MOTION TO EXCLUDE TESTIMONY OF MR. ARST
`
` CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 239-1 Filed 11/19/18 Page 3 of 3
`
`
`11.
`
`Attached hereto as Exhibit 10 is a true and correct copy of page 226 from the transcript
`
`of the deposition of Yuly Tenorio, taken on May 9, 2018.
`12.
`
`Attached hereto as Exhibit 11 is a true and correct copy of excerpts of the Opinion from
`
`ResQNet.com, Inc. v. Lansa, Inc., No. 01 Civ. 3578 (RWS), Docket No. 335 (S.D.N.Y. Dec. 6, 2011).
`
`I declare under penalty of perjury under the laws of the United States of America that each
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`of the above statements is true and correct. Executed on November 19, 2018, in Menlo Park, CA.
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`/s/ Kristopher Kastens
`Kristopher Kastens
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`2
`KASTENS DECL. IN SUPPORT OF FINJAN’S OPP. TO
`MOTION TO EXCLUDE TESTIMONY OF MR. ARST
`
` CASE NO.: 3:17-cv-05659-WHA
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