Case 3:17-cv-05659-WHA Document 269 Filed 11/27/18 Page 1 of 4
`
`
`
`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.
`
`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Joshua Glucoft (SBN 301249)
`jglucoft@irell.com
`Casey Curran (SBN 305210)
`ccurran@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.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`FINJAN, INC.,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`JUNIPER NETWORKS, INC.,
`
`
`
`Defendant.
`
`
`
`SAN FRANCISCO DIVISION
`
`
`Case No.: 3:17-cv-05659-WHA
`
`JOINT [PROPOSED] VOIR DIRE
`QUESTIONS
`
`
`Trial Date: December 10, 2018
`Time:
` 7:30 a.m.
` Courtroom 12 – 19th Floor
`Place:
`Judge:
` Hon. William Alsup
`
`
`
`
`____________________________________________________________________________________
`JOINT [PROPOSED] VOIR DIRE QUESTIONS
`Case No. 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 269 Filed 11/27/18 Page 2 of 4
`
`
`
`
`
`Good morning, ladies and gentlemen. I am Judge William Alsup and I will be presiding over
`
`the trial in this matter for which a jury is about to be chosen. This case is Finjan, Inc. v. Juniper
`
`Networks, Inc. Briefly stated, this is a patent infringement action under the patent laws of the United
`
`States of America and relates to cyber security systems for protecting computers from malware and
`
`other malicious software attacks.
`1.
`
`Have you or any member of your immediate family ever been employed by Finjan or
`
`Juniper?
`2.
`
`Have you or any member of your family ever owned stock in, had any financial interest
`
`in, or had a business relationship of any kind with either of these companies?
`3.
`
`Have you or any member of your immediate family ever been employed by the United
`
`States Patent and Trademark Office?
`4.
`
`Has anyone ever applied for a patent? If so, in what field? Was the patent awarded to
`
`you?
`
`5.
`
`Do you have any opinions about the relationship between patents and the public interest
`
`or any disagreement with the patent system or patent laws that might keep you from being a fair and
`
`impartial juror?
`6.
`
`Do you or any member of your immediate family have specialized knowledge of
`
`computer security or antivirus products?
`7.
`8.
`
`Have you or someone close to you ever used computer security or antivirus products?
`
`Have any of you ever worked in the fields of computer technology, computer security,
`
`data communications, telecommunications, or for any company that sells computers or computer
`
`security equipment?
`9.
`
`Do you or any member of your immediate family work as an Information Technology
`
`(“IT”) professional or technician?
`10.
`
`Have you ever served as a juror in a criminal or a civil case or as a member of a grand
`
`jury in either a federal or state court?
`
`1
`____________________________________________________________________________________
`JOINT [PROPOSED] VOIR DIRE QUESTIONS
`Case No. 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 269 Filed 11/27/18 Page 3 of 4
`
`
`
`11.
`
`Have you or anyone in your immediate family ever participated in a lawsuit either
`
`criminal or civil as a party, such as a plaintiff or defendant, or in any other capacity such as a witness?
`12.
`
`Does anyone have strong feelings about monetary damages awards that would cause
`
`you not to be able to follow the law as I give it to you, such as an instruction to not grant monetary
`
`damage awards if that is what is warranted under the law?
`13.
`
`Does anyone have strong negative feelings about corporations that you feel would make
`
`you unable to be a fair and impartial juror?
`14.
`
`Does anyone have a religious observance or belief that would make it impossible for
`
`you to listen to the evidence and make decisions about whose evidence you believe or do not believe?
`
`Does anyone have a feeling that a jury should not be put in the position of having to make those
`
`decisions?
`15.
`
`Does the length of this trial or the schedule contemplated by the Court present a special
`
`problem to any member of the panel?
`16.
`
`Do you know any of the attorneys involved in the case or, to the best of your
`
`knowledge, have you or any of your immediate family had any business dealings with or been
`
`employed by any of these attorneys or their respective law firms?
`17.
`18.
`19.
`
`Do you know or is any member of the panel familiar with the prospective witnesses?
`
`Has any member of the panel heard or read anything about this case?
`
`Have you, or to the best of your knowledge any member of your immediate family or
`
`anyone close to you, had any experiences, good or bad, with Finjan or Juniper that might keep you
`
`from being a fair and impartial juror?
`20.
`
`Juniper manufactures and sells routers, switches, network management software,
`
`network security products, and software-defined networking technology, including products under the
`
`Juniper brand name. Have your or any member of your immediate family ever licensed or used
`
`products sold by Juniper?
`
`2
`____________________________________________________________________________________
`JOINT [PROPOSED] VOIR DIRE QUESTIONS
`Case No. 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 269 Filed 11/27/18 Page 4 of 4
`
`
`
`21.
`
`Finjan Mobile, a company that is affiliated with the plaintiff in this case, sells a mobile
`
`security product. Have your or any member of your immediate family ever used the Finjan Mobile
`
`security product?
`22.
`
`Do you have any opinions about or experiences with the following companies M86
`
`Security, Trustwave, and Webroot? If so, would the fact that one of the parties to this litigation has a
`
`relationship with that company interfere in any way with your ability to render a fair and impartial
`
`verdict?
`23.
`
`Look around the room at the other potential jury members. Do you recognize any of the
`
`other jurors from any encounter before today?
`24.
`
`Have you or someone close to you had any experience with or opinions about the U.S.
`
`Patent and Trademark Office that might affect your ability to be a fair and impartial juror?
`25.
`
`Do you have any opinions about the about a company that obtains revenue from patent
`
`licensing that might keep you from being a fair and impartial juror?
`26.
`
`Do you have any opinions about the Patent Reform Act that might keep you from being
`
`a fair and impartial juror?
`27.
`
`Do you have any opinions about the U.S. Patent system or U.S. government that might
`
`prevent you from keeping an open mind about whether or not a patent is valid?
`28.
`
`Is there any member of the panel who has any special disability or problem that would
`
`make serving as a member of the jury difficult or impossible?
`29.
`
`Having heard the questions put to you by the court, does any other reason suggest itself
`
`to you as to why you could not sit on this jury and render a fair verdict based on the evidence presented
`
`to you and in the context of the Court’s instructions to you on the law?
`
`3
`____________________________________________________________________________________
`JOINT [PROPOSED] VOIR DIRE QUESTIONS
`Case No. 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
`
`