`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Case 3:17-cv-05659-WHA Document 257-2 Filed 11/27/18 Page 1 of 8
`
`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Joshua Glucoft (SBN 301249)
`jglucoft@irell.com
`Casey Curran (SBN 305210)
`ccuran@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 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
`
`FINJAN, INC., a Delaware Corporation,
`
`
`Plaintiff,
`
`
`
`vs.
`
`
`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`10613111
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`Case No. 3:17-cv-05659-WHA
`
`DEFENDANT JUNIPER NETWORKS,
`INC.’S OPPOSITION TO PLAINTIFF
`FINJAN INC.’S MOTION IN LIMINE
`NO. 3 TO EXCLUDE IRRELEVANT
`TESTIMONY FROM DR. AVIEL RUBIN
`
`Date: December 4, 2018
`Time: 9:00 a.m.
`Courtroom: Courtroom 12, 19th Floor
`Before: Hon. William Alsup
`
`JUNIPER’S OPPOSITION TO
`FINJAN’S MOTION IN LIMINE NO. 3
`(Case No. 3:17-cv-05659-WHA)
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 257-2 Filed 11/27/18 Page 2 of 8
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Finjan’s Motion in Limine No. 3 (“MIL3”) is a poorly disguised effort to address the
`
`issues Finjan identified in its letter to the Court seeking two Dauberts. Dkt. 221 at 2. These
`
`issues are not appropriate for either a Daubert motion or a motion in limine, as they amount to
`
`critiques of Dr. Rubin’s analysis that should be addressed through cross-examination. Indeed,
`
`Finjan never identifies any specific Federal Rule of Evidence and instead generally just includes
`
`(if anything) vague allegations of “prejudice” or “confusion” without any explanation for exactly
`
`what prejudice or confusion might accrue. Finjan’s complaints are baseless and do not warrant
`
`exclusion of any of Dr. Rubin’s opinions.
`
`A.
`
`Expert Opinions On Whether Claim 10 Is Abstract Should Not Be Admitted,
`But The Jury Must Be Provided With Context On Alice Step 1.
`
`Juniper does not intend to have Dr. Rubin provide an opinion that Claim 10 is abstract, as
`
`the Court has already determined this issue under Step 1 of the Alice test. Dkt. 189 at 18-19.
`
`Thus, Juniper agrees with Finjan that it would be inappropriate for either party’s expert to opine
`
`on this issue.1 Because Step 2 of the Alice test expressly depends on the Court’s finding of
`
`abstractness under Step 1, however, the jury will need to be informed that the Court found this
`
`claim abstract. The Supreme Court has explained that when a patent is directed to “patent-
`
`ineligible concepts” such as an abstract idea, then one must ask “what else is there in the claims
`
`before us?” Alice Corp. Pty. Ltd. v. CLS Bank Intern., 134 S.Ct. 2347, 2355 (2014). To answer
`
`this, one must “determine whether the additional elements ‘transform the nature of the claim’ into
`
`a patent-eligible application.” Id. This involves a “search for an ‘inventive concept’—i.e., an
`
`element or combination of elements that is ‘sufficient to ensure that the patent practice amounts to
`
`significantly more than a patent upon the [ineligible concept] itself.” Id. (citations omitted). 2
`
`Therefore, in order to apply this test, the jury must be told what the “ineligible concept” is—i.e.,
`
`the jury must be provided with the Court’s finding that “the thrust of Claim 10 is on analyzing a
`
`file and extracting information” which is “merely an abstract idea” (Dkt. 189 at 19); otherwise,
`
`they will not have the background necessary to assess Step 2.
`
`
`1 Finjan’s expert Dr. Orso includes an entire section in his report titled “Claim 10 Is
`Directed to Patent-eligible Subject Matter at Step 1.”
`
`2 All emphasis added, unless otherwise noted.
`
`10613111
`
`
`
`- 1 -
`
`JUNIPER’S OPPOSITION TO
`FINJAN’S MOTION IN LIMINE NO. 3
`(Case No. 3:17-cv-05659-WHA)
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 257-2 Filed 11/27/18 Page 3 of 8
`
`
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`B.
`
`Dr. Rubin’s Testimony On The Prosecution History Is Relevant To Damages.
`
`Juniper agrees with Finjan that inequitable conduct and prosecution laches are not at issue
`
`in the December trial and Juniper does not intend to introduce testimony solely directed to these
`
`issues. Finjan overreaches, however, when it suggests that certain testimony offered by Dr. Rubin
`
`
`is “only relevant to prosecution laches and inequitable conduct.” MIL3 at 2.
`
`For example, Mr. Kroll, a named inventor on the ‘494 Patent, testified that it “was Finjan’s
`
`practice to promptly file patents on important technology.” Ex. 15 (Kroll Depo. Tr.) at 99:7-10.
`
`Despite this, Finjan waited roughly 15 years to file the ‘494 Patent, which is relevant to the
`
`importance of the ‘494 Patent. If, therefore, Finjan argues that the ‘494 Patent is “important” (or
`
`10
`
`more important than the other patents in its portfolio), evidence regarding the delay in filing is
`
`11
`
`directly relevant to rebut these assertions.
`
`12
`
`As to Mr. Kroll’s and Mr. Touboul’s statements about who invented Claim 10, Juniper will
`
`13
`
`not address this topic unless Finjan does. For example, if Mr. Kroll provides testimony that is
`
`14
`
`inconsistent with his prior statements that he invented Claim 10 or that is inconsistent with Mr.
`
`15
`
`Touboul’s declaration to the USPTO, Juniper would need to impeach Mr. Kroll with that prior
`
`16
`
`testimony and/or evidence. See U.S. v. Hale, 422 U.S. 171, 176 (1975) (“A basic rule of evidence
`
`17
`
`provides that prior inconsistent statements may be used to impeach the credibility of a witness.”).
`
`18
`
`19
`
`C.
`
`Finjan Mischaracterizes Dr. Rubin’s Opinions Related to Damages and § 101.
`
`Finjan next argues that “Dr. Rubin includes many specious arguments that directly touch
`
`20
`
`on anticipation and obviousness, but are couched as being relevant to damages and non-
`
`21
`
`infringement.” MIL3 at 3. Finjan’s argument is disingenuous, given that the testimony it protests
`
`22
`
`is a direct rebuttal to the opinions of Finjan’s own experts on damages and § 101 issues.
`
`23
`
`In particular, Finjan takes issue with Dr. Rubin’s opinions and demonstratives on the issues
`
`24
`
`of whether Finjan invented behavior-based malware analysis, whether detecting unknown viruses
`
`25
`
`existed and was well-known before the ‘494 Patent, and whether Claim 10 provides any
`
`26
`
`meaningful benefits over the prior art. MIL3 at 3. But Finjan fails to acknowledge that these
`
`27
`
`opinions directly respond to the claims of Finjan’s experts. For example:
`
`28
`
` Mr. Arst supports his analysis regarding the value of the ‘494 Patent by opining that Finjan
`
`10613111
`
`
`
`- 2 -
`
`JUNIPER’S OPPOSITION TO
`FINJAN’S MOTION IN LIMINE NO. 3
`(Case No. 3:17-cv-05659-WHA)
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 257-2 Filed 11/27/18 Page 4 of 8
`
`
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`was “‘the inventor’ of proactive content behavior inspection.” Ex. 16 (Arst Report) at p. 5.
`
` Dr. Orso testified that Finjan’s “behavior-based analysis was novel. So this kind of
`
`analysis used to detect unknown malware, based on this behavioral analysis, was novel.”
`
`Ex. 17 (Orso Depo. Tr.) at 85:10-13.
`
`
`
` Dr. Cole opines that Claim 10 “provides tangible benefits over then-existing malware
`
`detection technology” (Ex. 9 (Cole Report) at ¶ 25) and was innovative because it could
`
`“detect potentially suspicious malware based on the potential behavior of the malware” and
`
`because it protects “against viruses that had never been seen before” (Id. at ¶ 22-23).
`
`To the extent that Finjan intends to present testimony from its experts on these issues, Juniper is
`
`10
`
`certainly entitled to rebut it with evidence and opinions from Dr. Rubin that behavior-based
`
`11
`
`analysis was well-known long before the alleged priority date of the ‘494 Patent and that there
`
`12
`
`were also many systems that existed for detecting unknown viruses. See Mueller v. Auker, 700
`
`13
`
`F.3d 1180, 1191 (9th Cir. 2012) (affirming admissibility of expert’s “opinion testimony [because
`
`14
`
`it] was relevant … as direct rebuttal to the [plaintiff’s] expert”); PSM Holding Corp. v. National
`
`15
`
`Farm Financial Corp., 2013 WL 12080306, at *18 (C.D. Cal. Oct. 8, 2013).
`
`16
`
`Finjan’s other argument that Dr. Rubin should not be allowed to “show that elements of
`
`17
`
`the ‘494 Patent were already known in alleged prior art references” makes no sense. MIL3 at 3.
`
`18
`
`The Court specifically identified the issue of whether Claim 10 includes an “inventive concept” as
`
`19
`
`an issue to be decided at the December trial. Dkt. 189 at 20. Obviously, one way to show that
`
`20
`
`something was well-known, routine, or conventional—and thus does not contain an “inventive
`
`21
`
`concept”—is to show that it was disclosed in a mountain of prior art references. This is precisely
`
`22
`
`what Dr. Rubin has done here, and it is perfectly appropriate. See, e.g., Pacific Biosciences of
`
`23
`
`Cal., Inc. v. Oxford Nanopore Techs., Inc., 2018 WL 1419082, at *7 (D. Del. Mar. 22, 2018)
`
`24
`
`(considering “eight prior art references … which together provide ‘a timeline of the
`
`25
`
`development’” of the purported inventive concept).
`
`26
`
`In general, Finjan appears to have missed the forest for the trees with respect to Dr.
`
`27
`
`Rubin’s § 101 analysis. Juniper agrees with Finjan that the “mere fact that something is disclosed
`
`28
`
`in a piece of prior art, for example, does not mean it was well-understood, routine, and
`
`10613111
`
`
`
`- 3 -
`
`JUNIPER’S OPPOSITION TO
`FINJAN’S MOTION IN LIMINE NO. 3
`(Case No. 3:17-cv-05659-WHA)
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 257-2 Filed 11/27/18 Page 5 of 8
`
`
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`conventional.” Berkheimer v. HP Inc., 881 F.3d 1360, 1369 (Fed. Cir. 2018). But Berkheimer—
`
`which addressed an order on summary judgment, not a motion in limine—was not commenting on
`
`the proper evidentiary sources for consideration by a jury; rather, Berkheimer merely held that a
`
`statement in a patent’s specification that it comprised non-conventional activity was sufficient to
`
`
`create a genuine issue of fact regarding whether the claimed activity was indeed routine and
`
`conventional in the art. Id. The present situation is completely different, as Dr. Rubin relies on
`
`dozens of references to support his conclusion that various limitations were indeed well known by
`
`considering them collectively. For example, Dr. Rubin relies on a 1995 article by Morton
`
`Swimmer titled “Dynamic Detection And Classification Of Computer Viruses Using General
`
`10
`
`Behaviour Patterns” (“Swimmer”). The PTAB determined that Swimmer rendered obvious Claim
`
`11
`
`1 of the ‘494 Patent, which is virtually identical to Claim 10. See Ex. 18 (Rubin Report) at ¶¶ 28-
`
`12
`
`29. It is thus difficult to see how Finjan could dispute that this prior art document supports Dr.
`
`13
`
`Rubin’s opinion. But, most importantly, Dr. Rubin does not rely on Swimmer alone, rather he
`
`14
`
`cites Swimmer as one of many references that in aggregate demonstrate that Claim 10 was well
`
`15
`
`known, routine, and conventional.
`
`D.
`
`Finjan’s Attempt To Prevent Dr. Rubin From Relying On Documentary
`Evidence To Support His Opinions Is Meritless.
`
`Finjan next moves to exclude Dr. Rubin from relying on various references to support his
`
`§ 101 opinions. To advance this argument, Finjan baldly states that (1) Dr. Rubin cannot rely on
`
`research papers or patent applications to establish what was well known or conventional because
`
`they describe “new technologies” and (2) Dr. Rubin cannot rely on a patent publication as
`
`evidence for § 101 unless it was published before the priority date of the ‘494 Patent. MIL3 at 4-
`
`6. Finjan does not cite to any authority to support its positions. Finjan’s quibbles are nothing
`
`more than factual critiques of Dr. Rubin’s analysis, which is not a proper basis for exclusion.
`
`Moreover, Finjan appears to be missing the point. Dr. Rubin does not opine that the
`
`computer security community learned from these references after they were published; rather, Dr.
`
`Rubin opines that, when the many references cited in his report are considered together, the
`
`references in aggregate show what was becoming routine in the community In other words, Dr.
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`10613111
`
`
`
`- 4 -
`
`JUNIPER’S OPPOSITION TO
`FINJAN’S MOTION IN LIMINE NO. 3
`(Case No. 3:17-cv-05659-WHA)
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 257-2 Filed 11/27/18 Page 6 of 8
`
`
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`Rubin relies on these references collectively as contemporaneous documentation of what a dozen
`
`researchers were working on years before the ‘494 Patent, which is highly relevant to determining
`
`whether those teachings were well-understood, routine, or conventional activity. Within this
`
`context, it is irrelevant whether the documents were published before the priority date.
`
`
`Finjan also misrepresents the references that Dr. Rubin is relying on. For example, Finjan
`
`claims that none of the specific references it identifies were published before the priority date.
`
`This is not true. For example, Finjan ignores that Gryaznov was first published in September
`
`1995 and then published again in 1999. See Ex. 19 (1995 Gryaznov). As another example, Finjan
`
`claims that Juniper is using disclosures from the specific citations it identifies that discuss the
`
`10
`
`invention or new research, as opposed to the background describing the state of the art. Once
`
`11
`
`again, this is not true. For example, the portions of Gryaznov cited by Dr. Rubin make it clear that
`
`12
`
`they are referring to the state of the art as of its original publication, i.e., 1995. See Ex. 20 (Rubin
`
`13
`
`Damages Report) at ¶ 23 (citing Gryaznov at p. 232: “I could not resist comparing [the author’s
`
`14
`
`scanner] to other existing heuristic scanners”). Similarly, Dr. Rubin cites the “Background of the
`
`15
`
`Invention” of U.S. Patent No. 5,615,367 to Bennett, which notes the use database managers with
`
`16
`
`non-relational databases. Ex. 18 (Rubin Report) at ¶ 51 (citing column 2, line 40). As another
`
`17
`
`example, Finjan claims that Dr. Rubin is relying on material from patent applications whose
`
`18
`
`authors “believed that [the cited] material was novel.” MIL3 at 5. Finjan is wrong. For example,
`
`19
`
`Dr. Rubin cites U.S. Patent Nos. 5,802,275 (“Blonder”) and 6,065,118 (“Bull”) to support his
`
`20
`
`opinion that it was well-known that one could use a “receiver” to “receive a Downloadable.” Ex.
`
`21
`
`18 (Rubin Report) ¶¶ 33-34. While Blonder and Bull use a receiver in the disclosed systems,
`
`22
`
`neither contends they invented this element—and it is hard to conceive how Finjan could argue
`
`23
`
`that the “receiver” element supplies the requisite “inventive concept.”3
`
`24
`
`Finjan additionally argues that the “jury will mistakenly believe that the bare fact that a
`
`25
`
`third-party, non-public, patent application contained language regarding the alleged new
`
`26
`
`27
`
`28
`
`
`3 See also Ex. 18 (Rubin Report) at ¶60 (citing U.S. Patent No. 5,623,600 to Ji for the idea
`that it was well-known to implement malware profiling at an intermediate network location, such
`as a network gateway or firewall, which is not a point of novelty for Ji);
`
`10613111
`
`
`
`- 5 -
`
`JUNIPER’S OPPOSITION TO
`FINJAN’S MOTION IN LIMINE NO. 3
`(Case No. 3:17-cv-05659-WHA)
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 257-2 Filed 11/27/18 Page 7 of 8
`
`
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`technologies would necessarily mean that the ‘494 Patent is not inventive.” MIL3 at 6. Finjan
`
`cites no authority, however, supporting any material risk of “mistake,” and in any event, Dr. Rubin
`
`never opines that one non-public reference “necessarily” leads to any conclusion; rather, he
`
`supports his opinion by citation to the work of dozens of authors/researches to show what was
`
`
`well known at the time as evidenced by those authors’/researchers’ contemporaneous writings.
`
`Lastly, Finjan argues that Dr. Rubin opines that certain things were well known based only
`
`on his experience and that, as a result, such opinions should be excluded because Finjan allegedly
`
`had no opportunity to respond.4 See MIL3 at 6. Notably, however, the paragraphs of Dr. Rubin’s
`
`report cited by Finjan (¶¶ 31, 35, and 46) are all topic sentences that come at the beginning of their
`
`10
`
`respective sections, so those opinions are not based solely on Dr. Rubin’s experience but rather are
`
`11
`
`supported by the numerous examples following immediately thereafter. In any event, Dr. Rubin
`
`12
`
`does not intend to present testimony regarding specific but uncited systems based only on his
`
`13
`
`personal experience, so Finjan’s motion on this issue is moot.
`
`14
`
`15
`
`E.
`
`Dr. Rubin’s § 101 Analysis Is Appropriate.
`
`
`
`Finjan argues that Dr. Rubin should be precluded from providing testimony about whether
`
`16
`
`specific parts of claim elements were well understood, routine, or conventional, as opposed to the
`
`17
`
`whole element. MIL3 at 6-7. As an initial matter, Finjan’s characterization of Dr. Rubin’s
`
`18
`
`opinion is factually inaccurate. Dr. Rubin expressly directs his analysis to whether the claim
`
`19
`
`limitations as a whole—both individually and as an ordered combination—were conventional and
`
`20
`
`he does not limit his opinion to only specific sub-elements. See Ex. 18 (Rubin Report) at, e.g.,
`
`21
`
`¶¶ 26, 31, 35, 46. Indeed, Finjan seems to gloss over critical portions of Dr. Rubin’s testimony
`
`22
`
`that directly address Finjan’s alleged deficiencies. For example, Finjan argues that Dr. Rubin fails
`
`23
`
`to “look[] at entire claim[] elements” when Dr. Rubin allegedly “describe[es] scanners without
`
`24
`
`analysis of connection to a receiver” (Finjan MIL No. 3 at 7), but Finjan inexplicably ignores the
`
`25
`
`following opinion from Dr. Rubin that is directly on point:
`
`26
`
`27
`
`28
`
`It is further my opinion that there is nothing transformative or inventive about
`
`
`4 Finjan’s argument that it had no opportunity to respond is incorrect because it was free to
`depose Dr. Rubin prior to submitting its expert rebuttal report. It was Finjan’s choice to delay
`deposing Dr. Rubin, so Finjan cannot now be heard to complain about any potential prejudice.
`
`10613111
`
`
`
`- 6 -
`
`JUNIPER’S OPPOSITION TO
`FINJAN’S MOTION IN LIMINE NO. 3
`(Case No. 3:17-cv-05659-WHA)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Case 3:17-cv-05659-WHA Document 257-2 Filed 11/27/18 Page 8 of 8
`
`combining the well-known components of a receiver and a scanner to perform the
`recited functions…. To the contrary, this is the usual and typical order for
`performing malware analysis (i.e., first the system receives the file, then it scans
`the file and generates the profile).
`
`Ex. 18 (Rubin Report) at ¶ 45. Thus, Finjan’s argument that Dr. Rubin’s opinion is a “piecemeal
`
`
`analysis” directed to less than the claim limitations as a whole is flatly wrong.
`
`
`
`Even if Finjan were correct on the facts (which it is not), there is no legal support for its
`
`position and there is nothing wrong with addressing both individual elements and the larger claim
`
`elements. Finjan does not cite a single case in support of its contention that Dr. Rubin may not
`
`provide testimony regarding specific portions of claim elements as part of his § 101 analysis.
`
`MIL3 at 6-7. In fact, Dr. Rubin’s choice to support his opinions at times with a targeted analysis
`
`of specific portions of the claim elements is proper and comports with how the Federal Circuit has
`
`approached Alice Step 2. See, e.g., Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350,
`
`1354-55 (Fed. Cir. 2016) (“When we turn to stage two of the Alice analysis and scrutinize the
`
`claim elements more microscopically….”); Bascom Global Internet Services, Inc. v. AT&T
`
`Mobility LLC, 827 F.3d 1341, 1350 (Fed. Cir. 2016) (“[A]n inventive concept can be found in the
`
`non-conventional and non-generic arrangement of known, conventional pieces.”).5 If Finjan
`
`believes Dr. Rubin’s analysis contains flaws or is incomplete, it is free to cross examine him.
`
`
`
`Finjan also makes no effort to explain why Dr. Rubin’s analysis “would be confusing to
`
`the jury and prejudicial to Finjan.” MIL3 at 7. Finjan’s unexplained allegations of confusion and
`
`prejudice cannot outweigh the substantial probative value of Dr. Rubin’s targeted analysis.
`
`Dated: November 23, 2018
`
`IRELL & MANELLA LLP
`
`By: /s/ Rebecca Carson
`Rebecca L. Carson
`Attorneys for Defendant
`JUNIPER NETWORKS, INC.
`
`
`5 Indeed, even Step 1 of the Alice test may be informed by targeted analysis of specific portions of
`claim elements. See X One, Inc. v. Uber Techs., Inc., 239 F. Supp. 3d 1174, 1186 (N.D. Cal.
`2017) (“[T]he Court need not include every claim limitation in the ‘directed to’ inquiry.”).
`
`10613111
`
`
`
`- 7 -
`
`JUNIPER’S OPPOSITION TO
`FINJAN’S MOTION IN LIMINE NO. 3
`(Case No. 3:17-cv-05659-WHA)
`
`
`
`