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`Exhibit 1
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`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 2 of 7
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` Pages 1 - 137
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`BEFORE THE HONORABLE WILLIAM H. ALSUP, JUDGE
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`FINJAN, INC., )
` )
` Plaintiff, )
` )
` VS. ) NO. C 17-5659 WHA
` )
`JUNIPER NETWORKS, INC., )
` ) San Francisco, California
` Defendant. )
` )
`___________________________________)
`
` Tuesday, December 4, 2018
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`TRANSCRIPT OF PROCEEDINGS
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`APPEARANCES:
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`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.
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`For Defendant:
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` IRELL & MANELLA, LLP
` 840 Newport Center Drive
` Suite 400
` Newport Beach, California 92660
` BY: REBECCA L. CARSON, ESQ.
` KEVIN X. WANG, ESQ.
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`Reported By: BELLE BALL, CSR 8785, CRR, RDR
` Official Reporter, U.S. District Court
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`(Appearances continued, next page)
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`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 3 of 7
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`APPEARANCES, CONTINUED:
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`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.
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`Also Present: JULIE ANN MAR-SPINOLA
` ANN TAYLOR
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`
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`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 4 of 7
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`THE COURT: All right. The ruling is this: First,
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`the transcript is going to come into evidence. That's a
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`separate point. But this -- the idea that this -- this --
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`this transcript is very relevant to the case. This is one of
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`the few things you lawyers have come up with that is relevant.
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`All right, so the transcript can come into evidence. And
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`the fact that it was recorded illegally or not, it's just too
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`bad. Too bad. The jury may not like that, but maybe they will
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`like it. I don't know. But that's evidence.
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`Okay. So, but the Cyphort and ATP appliance product is
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`out. O-U-T. No mention of that. It has so little probative
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`value, it is so much of a sideshow.
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`You all lawyers are going to get about four or five hours
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`each to present your case. You're not going to waste the
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`jury's time with Cyphort and ATP. Out. O-U-T. 403.
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`All right. Thank you. Now we come to the next one.
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`Motion to exclude evidence of outcomes from Finjan's prior
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`litigation.
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`Well, just a second. What -- tell me what it is you --
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`what is it that Juniper wants to exclude here?
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`MS. CARSON: So Your Honor, I'm going to hand this
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`off to our associate, Mister Wang.
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`THE COURT: Fine. But what is it you're specifically
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`trying to exclude?
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`MR. WANG: Kevin Wong. Good morning, Your Honor.
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`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 5 of 7
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`way to have the trial.
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`And here --
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`THE COURT: Well, if they start saying they are an
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`innovative company, then of course you get to say what the
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`truth is, assuming you can prove that it's not true.
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`MR. KAGAN: So we don't want to go around
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`affirmatively calling them names. That's not what we've ever
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`said we're going to do.
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`With regard to the recording, the issue is we start
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`getting into, then, a true sideshow. Why was the recording
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`made, what was the reason for it, what is the law --
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`THE COURT: That's a matter of proof, and I'm not
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`going to even get into it right -- your guy made maybe a goof.
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`Maybe he did the smart thing. I don't know. But he got
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`himself into this mix, and I'm not going to try to bail him
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`out by putting down ground rules. It's just -- they're going
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`to get up there and testify. They'll get -- people will
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`testify, and lay the foundation.
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`So I'm sorry; I'm not here to -- to put down ground --
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`because then you'll say they violated some ground rules. No.
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`That recording is one of the best pieces of evidence I've
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`seen. The rest of it is all bought and paid for by the
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`experts.
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`Next, motion to include evidence on non-infringing
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`alternative. What are we talking about here?
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`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 6 of 7
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`MR. ANDRE: Your Honor, I think you -- you decided
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`the non-infringing alternative issue yesterday in the order
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`regarding the Daubert --
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`THE COURT: So that's moot now?
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`MS. CARSON: As long as plaintiff does not plan to
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`introduce testimony through the technical expert that the
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`damages expert relied upon that --
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`THE COURT: Is that correct?
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`MR. ANDRE: That's correct. We're not going to do
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`that.
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`THE COURT: All right, thank you. Thank you for
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`being helpful.
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`Next, motion to exclude argument contrary to existing
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`claim construction re: database, database schema and all that.
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`What is your point on this one?
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`MR. KAGAN: So the basic problem is we have -- we
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`thought we had an agreement in terms of the claim
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`construction. The claim construction for "database" was
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`agreed.
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`Within that construction, there is the phrase "database
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`schema," which is not actually in the claims, itself, but it's
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`in the agreed construction.
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`Finjan had proposed during multiple IPRs, it had proposed
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`a construction for that term, "database schema." At
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`deposition, we --
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`Case 3:17-cv-05659-WHA Document 305-2 Filed 12/08/18 Page 7 of 7
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`CERTIFICATE OF REPORTER
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` I, BELLE BALL, Official Reporter for the United States
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`Court, Northern District of California, hereby certify that the
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`foregoing is a correct transcript from the record of
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`proceedings in the above-entitled matter.
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` /s/ Belle Ball
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`Belle Ball, CSR 8785, CRR, RDR
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` Wednesday, December 5, 2018
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`