`
`1 8 0 0 A V E N U E O F T H E S T A R S , S U I T E 9 0 0
`L O S A N G E L E S , C A 9 0 0 6 7 - 4 2 7 6
`T E L E P H O N E ( 3 1 0 ) 2 7 7 - 1 0 1 0
`F A C S I M I L E ( 3 1 0 ) 2 0 3 - 7 1 9 9
`
`
`I R E L L & M A N E L L A L L P
`
`A REGISTERED LIMITED LIABILITY LAW PARTNERSHIP
`INCLUDING PROFESSIONAL CORPORATIONS
`
`8 4 0 N E W P O R T C E N T E R D R I V E , S U I T E 4 0 0
`
`N E W P O R T B E AC H , C A L I F O R N I A 9 2 6 6 0 - 6 3 2 4
`
`T E L E P H O N E ( 9 4 9 ) 7 6 0 - 0 9 9 1
`F A C S I M I L E ( 9 4 9 ) 7 6 0 - 5 2 0 0
`W E B S I T E : w w w . i r e l l . c o m
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`W R I T E R ' S D I R E C T
`
`T E L E P H O N E ( 9 4 9 ) 7 6 0 - 5 2 2 2
`R C a r s o n @ i r e l l . c o m
`
`November 26, 2018
`
`
`
`Hon. William Alsup
`
`U.S. District Court, Northern District of California
`Re:
`Finjan, Inc. v. Juniper Networks, Inc., Case No. 3:17-cv-05659-WHA
`
`
`
`
`Dear Judge Alsup:
`Defendant Juniper Networks, Inc. (“Juniper”) writes to request that the Court strike
`Paragraph 6 of the Declaration Of Kristopher Kastens In Support Of Plaintiff Finjan, Inc.’s Reply
`Brief To Its Motion To Exclude Opinions Of Damages Expert Dr. Keith Ugone (Dkt. 245-1).
`In Paragraph 6 of Mr. Kastens’s declaration Mr. Kastens avers: “Juniper never informed
`Finjan that its production of source code for the accused products was specific to only certain
`models of SRX products.” This statement is incorrect and should be stricken. As a professional
`courtesy, Juniper provided Finjan with notice of this error, and allowed Finjan the opportunity to
`correct it. Finjan refused. See Ex. 1 (Email Chain and Attached Letter to Kramer Levin).
`Juniper did, in fact, “inform[] Finjan that its production of source code for the accused
`products was specific to only certain models of SRX products.” Specifically, on March 26, 2018,
`Juniper responded to Finjan’s Interrogatory Request No. 3 as follows: “Juniper directs Finjan to
`the directory structure provided on the secured review computer to identify the products
`corresponding to the source code by product name and release and the directories and
`subdirectories of the source code corresponding to the active source code incorporated into each
`of the products. The table below shows the versions of Junos corresponding to specific SRX
`Gateways.” Ex. 2 (Juniper’s Resp. to Finjan’s Interrogatory No. 3). Additionally, Juniper
`provided the following table in its response, which demonstrates that the source code varies
`between the different SRX models.
`
`Junos
`12.1
`
`Junos
`12.1X44
`
`Junos
`12.1X45
`
`Junos
`12.1X46
`
`Junos
`12.1X47
`
`Junos
`12.3X48
`
`Junos
`15.1X49
`
`Junos
`17.3
`
`Junos
`17.4
`
`3/28/12
`✓
`✓
`✕
`N/A
`✓
`✕
`✓
`
`1/18/13
`✓
`✓
`✕
`✓
`✓
`✕
`✓
`
`7/17/13
`✓
`✓
`✕
`✓
`✓
`✕
`✓
`
`12/30/13
`✓
`✓
`✕
`✓
`✓
`✕
`✓
`
`8/18/14
`✓
`✓
`✕
`✓
`✓
`✕
`✓
`
`3/6/15
`✓
`✓
`✕
`✓
`✓
`✕
`✓
`
`6/30/15
`✕
`✕
`✓
`✓
`✕
`✓
`✕
`
`8/25/17 12/21/17
`✕
`✕
`✕
`✕
`✓
`✓
`✓
`✓
`✕
`✕
`✓
`✓
`✕
`✕
`
`
`
`
`Release
`Date
`SRX110
`SRX220
`SRX3XX
`SRX550
`SRX1400
`SRX1500
`SRX3400
`
`10613782
`
`
`
`
`Case 3:17-cv-05659-WHA Document 250 Filed 11/26/18 Page 2 of 2
`I R E L L & M A N E L L A L L P
`
`A REGISTERED LIMITED LIABILITY LAW PARTNERSHIP
`INCLUDING PROFESSIONAL CORPORATIONS
`
`
`
`
`
`
`SRX3600
`SRX4100
`SRX4200
`SRX5400
`SRX5600
`SRX5800
`vSRX
`cSRX
`
`See id.
`
`✓
`✕
`✕
`✓
`✓
`✓
`✕
`✕
`
`✓
`✕
`✕
`✓
`✓
`✓
`✕
`✕
`
`✓
`✕
`✕
`✓
`✓
`✓
`✕
`✕
`
`✓
`✕
`✕
`✓
`✓
`✓
`✓
`✕
`
`✓
`✕
`✕
`✓
`✓
`✓
`✓
`✕
`
`✓
`✕
`✕
`✓
`✓
`✓
`✓
`✕
`
`✕
`✓
`✓
`✓
`✓
`✓
`✓
`✕
`
`✕
`✓
`✓
`✓
`✓
`✓
`✓
`✕
`
`✕
`✓
`✓
`✓
`✓
`✓
`✓
`✕
`
`Juniper believes Finjan submitted this false statement as part of its effort to expand the list
`of accused products from “(1) Juniper’s SRX Gateways used in combination with Sky ATP and
`(2) Sky ATP alone” (See Dkt. 98 (Finjan’s Mot. for Summ. J.) at 1; Dkt. 185 (Order re Finjan Mot.
`for Summ. J.) at 3) to include SRX Gateways that contain code that could allow them to interface
`with Sky ATP, whether or not they were ever used in combination with each other. This issue is
`addressed in detail in the Daubert motions and other pre-trial briefings the parties have submitted
`or are submitting to the Court.
`
`
`
`Respectfully submitted,
`
`/s/ Rebecca L. Carson
`Rebecca L. Carson
`IRELL & MANELLA LLP
`Attorneys for Defendant
`Juniper Networks, Inc.
`
`
`
`
`
`10613782
`
`
`- 2 -
`
`
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