Case 3:17-cv-05659-WHA Document 313-1 Filed 12/10/18 Page 1 of 3
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`Exhibit 1
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`Case 3:17-cv-05659-WHA Document 313-1 Filed 12/10/18 Page 2 of 3
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`From:
`Sent:
`To:
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`Cc:
`Subject:
`Attachments:
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`Josh,
`
`~Kastens, Kristopher
`Wednesday, November 7, 2018 12:23 PM
`Glucoft, Josh; ~Andre, Paul; ~Caire, Yuridia; ~Hannah, James; ~Hedvat, Shannon;
`~Kobialka, Lisa; ~Lee, Hannah; ~Lee, Michael; ~Manes, Austin; ~Martinez, Cristina;
`~Nguyen, Stephanie
`Kagan, Jonathan; Carson, Rebecca; Curran, Casey; Song, Sharon; Wang, Kevin
`RE: Depositions
`Arst Summary.pdf
`
`We agree to our proposal regarding postponing the depositions of Mr. Marcellin, Kuzenetsov, and
`Touboul. Furthermore, we understand that Juniper will not be calling Mr. Icasiano to trial, as he was a late disclosure
`only identified on Nov. 5th. Notify Finjan immediately if this is not the case.
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`Regarding invoice summaries, we provided a summary of Dr. Bim’s fees billed this morning and I’ve attached a summary
`for Dr. Arst. We will get back to you about when we can provide information for Drs. Orso and Cole.
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`Given the Court’s order regarding a second early summary judgment, provide a proposed date in 2018 for the 30(b)(6)
`deposition regarding Joe Security/Sandbox. Regarding the number of malware analyzed, while Juniper contends it does
`not track all of this information, it certainly much of this information (See Nagarajan at 53:14-55:19). As such, provide
`dates for a 30(b)(6) deponent on this topic.
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`Finally, Juniper has produced several sets of documents well after Finjan has submitted its opening expert reports and
`rebuttal expert reports. We understand that Juniper will not rely on these late disclosures for any purpose during the
`December 10th trial. Notify Finjan immediately if this is not the case.
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`Sincerely,
`Kris
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`Kris Kastens
`Partner
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`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1715 F 650.752.1815
`kkastens@kramerlevin.com
`
`Bio
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`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
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`Case 3:17-cv-05659-WHA Document 313-1 Filed 12/10/18 Page 3 of 3
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`From: Glucoft, Josh [mailto:JGlucoft@irell.com]
`Sent: Monday, November 05, 2018 5:19 PM
`To: Kastens, Kris; Andre, Paul; Caire, Yuridia; Hannah, James; Hedvat, Shannon H.; Kastens, Kris; Kobialka, Lisa; Lee,
`Hannah; Lee, Michael H.; Manes, Austin; Martinez, Cristina; Nguyen, Stephanie
`Cc: Kagan, Jonathan; Carson, Rebecca; Curran, Casey; Song, Sharon; Wang, Kevin; #Juniper/Finjan [Int]
`Subject: [EXTERNAL] Depositions
`
`Kris,
`
`I write to memorialize our call today.
`
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`Juniper does not at this time intend to call Mr. Marcellin or Mr. Kuznetsov at the December 10 trial, and I understand that
`Finjan does not at this time intend to call Mr. Touboul at the December 10 trial. Accordingly, we would agree to postpone
`the depositions of Mr. Marcellin, Mr. Kuznetsov, and Mr. Touboul until after the December 10 trial; please confirm.
`
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`We can accept the proposed November 16 date for Mr. Kroll’s deposition at Kramer Levin. Mr. Coonan’s deposition that
`same day will take place at Juniper’s headquarters in Sunnyvale rather than at your offices, per your request. Please
`confirm Mr. Bushong’s deposition for November 15 at Juniper's headquarters by the end of tomorrow. As I mentioned,
`Mr. Bushong does not have any other availability in November due to pre-scheduled holiday and work commitments.
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`As we agreed on our call, the parties will exchange summaries of hours/fees billed by the experts on the following
`schedule:
`• Bims: before his deposition
`• Arst/Rubin: Nov 7 at noon
`• Cole: Nov 12 at noon
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`
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`Please provide a date certain for Dr. Orso’s production, as Finjan has agreed. Relatedly, we do not believe that the expert
`engagement letters for this matter are properly considered work product; Finjan itself subpoenaed this information from
`Dr. Rubin and Dr. Ugone, and the case law is clear that this information is discoverable. We urge Finjan to reconsider its
`position. If you do not confirm that Finjan will produce its retention letters with its experts by end of day tomorrow,
`Juniper will raise this issue with the Court.
`
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`Lastly, you agreed to defer until after the December 10 trial the deposition on the first 30(b)(6) topic ("Any efforts by
`Juniper to incorporate or use any technologies provided by Joe Security LLC….”). We will be designating Ms. Gupta for
`the third topic (“Development and research costs associated with each of the Accused Products”). As I noted on our call
`with regard to the second topic, Juniper does not track “[t]he total number of threats, malware, files detected, classified,
`analyzed or received by each of the Accused Products.” But if Finjan nevertheless wishes to pursue a deposition on this
`topic before the December trial, please let us know.
`
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`Thanks,
`Josh
`
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`____________________________________________________________________
`Joshua P. Glucoft | Irell & Manella LLP | 310.203.7189 | www.irell.com
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`PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside
`information. Any distribution or use of this communication by anyone other than the intended recipient(s) is
`strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by
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