`
`
`
`Paul Andre
`Partner
`T 650-752-1700
`F 650-752-1800
`PAndre@KRAMERLEVIN.com
`
`December 10, 2018
`
`
`990 Marsh Road
`Menlo Park, CA 94025-1949
`T 650.752.1700
`F 650.752.1800
`
`Honorable William Alsup
`U.S. District Court, Northern District of California
`San Francisco Courthouse
`Courtroom 12 – 19th Floor
`450 Golden Gate Avenue
`San Francisco, CA 94102
`
`
`Re:
`
`Finjan, Inc. v. Juniper Networks, Inc., Case No. 3:17-cv-05659-WHA
`
`Dear Judge Alsup:
`
`Juniper did not provide any disclosure under 35 U.S.C. § 282 regarding
`prior art or publications showing the state of the art, and therefore objects
`to any use of prior art or publications at trial. This statute requires that
`defenses relating to invalidity be disclosed in writing to the adverse party
`at least thirty days before trial. A failure to make such a disclosure results
`in exclusion of the references that Juniper intends to use for its Section 101
`defense. See Ferguson-Beauregard/Logic Controls v. Mega Sys. LLC, 350
`F.3d 1327, 1347 (Fed. Cir. 2003) (affirming district court’s exclusion of
`certain prior art based on failure to give notice under 35 U.S.C. § 282).
`Notwithstanding Juniper’s failure to make a Section 282 disclosure, it
`informed Finjan this afternoon that it intends to use several prior art and
`state of the art references with its expert. Accordingly, Finjan respectfully
`request the Court to sustain Finjan’s objections to these exhibits.
`
`Respectfully submitted,
`
`
`
`Paul Andre
`Counsel for Plaintiff Finjan, Inc.
`
`
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`
`
`
`
`
`
` SILICON VALLEY | NEW YORK | PARIS
`
`
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