Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 1 of 7
`
`
`
`
`Exhibit 1
`
`
`
`
`
`
`Exhibit 1
`
`
`
`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 2 of 7
`
` Pages 1 - 137
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`BEFORE THE HONORABLE WILLIAM H. ALSUP, JUDGE
`
`FINJAN, INC., )
` )
` Plaintiff, )
` )
` VS. ) NO. C 17-5659 WHA
` )
`JUNIPER NETWORKS, INC., )
` ) San Francisco, California
` Defendant. )
` )
`___________________________________)
`
` Tuesday, December 4, 2018
`
`TRANSCRIPT OF PROCEEDINGS
`
`APPEARANCES:
`
`For Plaintiff:
` KRAMER LEVIN NAFTALIS & FRANKEL, LLP
` 990 Marsh Road
` Menlo Park, California 94025
` BY: PAUL ANDRE, ESQ.
` LISA KOBIALKA, ESQ.
` AUSTIN MANES, ESQ.
` YURIDIA CAIRE, ESQ.
` KRISTOPHER B. KASTENS, ESQ.
`
`For Defendant:
`
` IRELL & MANELLA, LLP
` 840 Newport Center Drive
` Suite 400
` Newport Beach, California 92660
` BY: REBECCA L. CARSON, ESQ.
` KEVIN X. WANG, ESQ.
`
`Reported By: BELLE BALL, CSR 8785, CRR, RDR
` Official Reporter, U.S. District Court
`
`(Appearances continued, next page)
`
`
`
`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 3 of 7
`
`APPEARANCES, CONTINUED:
`
`For Defendant:
` IRELL & MANELLA, LLP
` 1800 Avenue of the Stars
` Suite 900
` Los Angeles, California 90024
` BY: JONATHAN S. KAGAN, ESQ.
` CASEY M. CURRAN, ESQ.
` ALAN HEINRICH, ESQ.
` SHARON SONG, ESQ.
` JOSHUA GLUCOFT, ESQ.
`
`Also Present: JULIE ANN MAR-SPINOLA
` ANN TAYLOR
`
`
`
`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 4 of 7
`
` 37
`
` 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
`
`THE COURT: All right. The ruling is this: First,
`
`the transcript is going to come into evidence. That's a
`
`separate point. But this -- the idea that this -- this --
`
`this transcript is very relevant to the case. This is one of
`
`the few things you lawyers have come up with that is relevant.
`
`All right, so the transcript can come into evidence. And
`
`the fact that it was recorded illegally or not, it's just too
`
`bad. Too bad. The jury may not like that, but maybe they will
`
`like it. I don't know. But that's evidence.
`
`Okay. So, but the Cyphort and ATP appliance product is
`
`out. O-U-T. No mention of that. It has so little probative
`
`value, it is so much of a sideshow.
`
`You all lawyers are going to get about four or five hours
`
`each to present your case. You're not going to waste the
`
`jury's time with Cyphort and ATP. Out. O-U-T. 403.
`
`All right. Thank you. Now we come to the next one.
`
`Motion to exclude evidence of outcomes from Finjan's prior
`
`litigation.
`
`Well, just a second. What -- tell me what it is you --
`
`what is it that Juniper wants to exclude here?
`
`MS. CARSON: So Your Honor, I'm going to hand this
`
`off to our associate, Mister Wang.
`
`THE COURT: Fine. But what is it you're specifically
`
`trying to exclude?
`
`MR. WANG: Kevin Wong. Good morning, Your Honor.
`
`
`
`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 5 of 7
`
` 48
`
` 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
`
`way to have the trial.
`
`And here --
`
`THE COURT: Well, if they start saying they are an
`
`innovative company, then of course you get to say what the
`
`truth is, assuming you can prove that it's not true.
`
`MR. KAGAN: So we don't want to go around
`
`affirmatively calling them names. That's not what we've ever
`
`said we're going to do.
`
`With regard to the recording, the issue is we start
`
`getting into, then, a true sideshow. Why was the recording
`
`made, what was the reason for it, what is the law --
`
`THE COURT: That's a matter of proof, and I'm not
`
`going to even get into it right -- your guy made maybe a goof.
`
`Maybe he did the smart thing. I don't know. But he got
`
`himself into this mix, and I'm not going to try to bail him
`
`out by putting down ground rules. It's just -- they're going
`
`to get up there and testify. They'll get -- people will
`
`testify, and lay the foundation.
`
`So I'm sorry; I'm not here to -- to put down ground --
`
`because then you'll say they violated some ground rules. No.
`
`That recording is one of the best pieces of evidence I've
`
`seen. The rest of it is all bought and paid for by the
`
`experts.
`
`Next, motion to include evidence on non-infringing
`
`alternative. What are we talking about here?
`
`
`
`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 6 of 7
`
` 49
`
` 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
`
`MR. ANDRE: Your Honor, I think you -- you decided
`
`the non-infringing alternative issue yesterday in the order
`
`regarding the Daubert --
`
`THE COURT: So that's moot now?
`
`MS. CARSON: As long as plaintiff does not plan to
`
`introduce testimony through the technical expert that the
`
`damages expert relied upon that --
`
`THE COURT: Is that correct?
`
`MR. ANDRE: That's correct. We're not going to do
`
`that.
`
`THE COURT: All right, thank you. Thank you for
`
`being helpful.
`
`Next, motion to exclude argument contrary to existing
`
`claim construction re: database, database schema and all that.
`
`What is your point on this one?
`
`MR. KAGAN: So the basic problem is we have -- we
`
`thought we had an agreement in terms of the claim
`
`construction. The claim construction for "database" was
`
`agreed.
`
`Within that construction, there is the phrase "database
`
`schema," which is not actually in the claims, itself, but it's
`
`in the agreed construction.
`
`Finjan had proposed during multiple IPRs, it had proposed
`
`a construction for that term, "database schema." At
`
`deposition, we --
`
`
`
`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 7 of 7
`
`CERTIFICATE OF REPORTER
`
` I, BELLE BALL, Official Reporter for the United States
`
`Court, Northern District of California, hereby certify that the
`
`foregoing is a correct transcript from the record of
`
`proceedings in the above-entitled matter.
`
` /s/ Belle Ball
`
`Belle Ball, CSR 8785, CRR, RDR
`
` Wednesday, December 5, 2018
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
