Case 3:17-cv-05659-WHA Document 259 Filed 11/27/18 Page 1 of 3
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`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.
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`
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`FINJAN, INC., a Delaware Corporation,
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`
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`
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`Plaintiff,
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`v.
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`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
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`
`
`
`
`
`Defendant.
`
`Case No.: 3:17-cv-05659-WHA
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`DECLARATION OF KRISTOPHER
`KASTENS IN SUPPORT OF PLAINTIFF
`FINJAN, INC.’S MOTIONS IN LIMINE
`NOS. 1-4
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`December 4, 2018
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`Date:
`9:00 a.m.
`Time:
`Courtroom: Courtroom 12, 19th Floor
`Before:
`Hon. William Alsup
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`
`
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`MOTIONS IN LIMINE NOS. 1-4
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`Case 3:17-cv-05659-WHA Document 259 Filed 11/27/18 Page 2 of 3
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`I, Kristopher Kastens, declare:
`1.
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`I am licensed to practice law in the State of California and am an attorney at Kramer
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`Levin Naftalis & Frankel LLP, counsel of record for Finjan, Inc. (“Finjan”). I have personal
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`knowledge of the facts stated herein. I make this declaration in support of Plaintiff Finjan, Inc.’s
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`Motions in Limine Nos. 1-4.
`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of Juniper Networks, Inc.’s
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`(“Juniper”) First Supplement to Initial Disclosures, served on September 10, 2018.
`3.
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`Attached hereto as Exhibit 2 is a true and correct copy of Juniper’s Second Supplement
`
`to Initial Disclosures, served on November 5, 2018.
`4.
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`Attached hereto as Exhibit 3 is a true and correct copy of the Expert Damages-Related
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`Rebuttal Report of Aviel D. Rubin, served on November 7, 2018.
`5.
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`Attached hereto as Exhibit 4 is a true and correct copy of Dr. Rubin’s demonstratives
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`from his Expert Damages-Related Rebuttal Report, served on November 7, 2018.
`6.
`Attached hereto as Exhibit 5 is a true and correct copy of the Expert Report of Aviel D.
`Rubin, served on September 11, 2018. Due to the volume of exhibits to Dr. Rubin’s September 11th
`report, they are not attached here, but can be provided upon request.
`7.
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`Attached hereto as Exhibit 6 is a true and correct copy of the Expert Rebuttal Report of
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`Aviel D. Rubin, served on October 11, 2018.
`8.
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`Attached hereto as Exhibit 7 is a true and correct copy of Finjan’s Second Set of
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`Interrogatories to Juniper (Nos. 4-9), served on March 29, 2018.
`9.
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`Attached hereto as Exhibit 8 is a true and correct copy of excerpts from Finjan’s First
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`Set of Requests for Production of Documents to Juniper (Nos. 1-60), served on February 23, 2018.
`10.
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`Attached hereto as Exhibit 9 is a true and correct copy of excerpts from Finjan’s Third
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`Set of Requests for Production of Documents to Juniper (Nos. 87-97), served on July 11, 2018.
`11.
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`Attached hereto as Exhibit 10 is a true and correct copy of Finjan’s Fourth Set of
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`Interrogatories to Juniper (Nos. 11-12), served on April 27, 2018.
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`MOTIONS IN LIMINE NOS. 1-4
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`Case 3:17-cv-05659-WHA Document 259 Filed 11/27/18 Page 3 of 3
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`12.
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`Attached hereto as Exhibit 11 is a true and correct copy of excerpts from Finjan’s
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`Disclosure of Damages Contentions Pursuant to Patent Local Rule 3-8, served on June 12, 2018.
`13.
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`Attached hereto as Exhibit 12 is a true and correct copy of page 4 from the transcript of
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`the proceedings on February 22, 2018, in the above-captioned matter.
`14.
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`Attached hereto as Exhibit 13 is a true and correct copy of excerpts from Juniper’s
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`Second Supplemental Response to Finjan’s Second Set of Interrogatories, served on September 7,
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`2018.
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`15.
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`Attached hereto as Exhibit 14 is a true and correct copy of excerpts from Juniper’s
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`Patent L.R. 3-9 Responsive Damages Contentions, served on July 12, 2018.
`16.
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`Attached hereto as Exhibit 15 is a true and correct copy of excerpts from Juniper’s
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`Responses and Objections to Finjan’s First Set of Requests for Admission (Nos. 1-75), served on May
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`30, 2018.
`17.
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`Attached hereto as Exhibit 16 is a true and correct copy of the Order in Limine
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`Excluding Reference to ‘229 Patent from Therasense, Inc. v. Nova Biomedical Corp., No. C 04-02123
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`WHA, Docket No. 182 (N.D. Cal. July 21, 2018).
`18.
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`Attached hereto as Exhibit 17 is a true and correct copy of pages 104-105 from the
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`rough transcript of the deposition of Dr. Keith Ugone, taken on November 13, 2018.
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`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 14, 2018, in Menlo Park, CA.
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`/s/ Kristopher Kastens
`Kristopher Kastens
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`MOTIONS IN LIMINE NOS. 1-4
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`2
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