Case 3:17-cv-05659-WHA Document 353-1 Filed 01/10/19 Page 1 of 4
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`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
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`Attorneys for Plaintiff
`FINJAN, INC.
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`
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`FINJAN, INC., a Delaware Corporation,
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`Plaintiff,
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`v.
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`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
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`
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`Defendant.
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`Case No.: 3:17-cv-05659-WHA
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`DECLARATION OF KRISTOPHER
`KASTENS IN SUPPORT OF PLAINTIFF
`FINJAN, INC.’S NOTICE OF MOTION
`AND RENEWED MOTION FOR
`JUDGMENT AS A MATTER OF LAW
`PURSUANT TO FED. R. CIV. P. 50(B);
`MOTION FOR NEW TRIAL UNDER FED.
`R. CIV. P. 59; AND MOTION FOR
`CERTIFICATION FOR IMMEDIATE
`APPEAL IN THE ALTERNATIVE
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`
`TBD
`Trial:
`TBD
`Time:
`Courtroom: Courtroom 12, 19th Floor
`Before:
`Hon. William Alsup
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`KASTENS DECLARATION IN SUPPORT OF
`FINJAN’S POST-TRIAL MOTIONS
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` CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 353-1 Filed 01/10/19 Page 2 of 4
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`I, Kristopher Kastens, declare:
`1.
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`I am licensed to practice law in the State of California and am an attorney at Kramer
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`Levin Naftalis & Frankel LLP, counsel of record for Finjan, Inc. (“Finjan”). I have personal
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`knowledge of the facts stated herein and can testify competently to those facts. I make this declaration
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`in support of Plaintiff Finjan, Inc.’s Renewed Motion for Judgment as a Matter of Law Pursuant to
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`Rule 50(b), Motion for New Trial under Rule 59, and Motion for Certification for Immediate Appeal in
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`the Alternative.
`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of pages 13-15, 390-394, 427-
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`468, 718-722, 738-739, 741-760, 763-772, 775-779, 783-784, 786-787, and 837 from the transcript of
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`Trial proceedings held on December 10, 2018, December 12, 2018, December 13, 2018 and December
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`14, 2018.
`3.
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`Attached hereto as Exhibit 2 is a true and correct copy of Trial Exhibit 78, bearing
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`Bates numbers FINJAN-JN 0044744 – 99.
`4.
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`Attached hereto as Exhibit 3 is a true and correct copy of Trial Exhibit 94, bearing
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`Bates numbers JNPR-FNJN_29018_00963203 – 21.
`5.
`6.
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`Attached hereto as Exhibit 4 is a true and correct copy of Trial Exhibit 99.
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`Attached hereto as Exhibit 5 is a true and correct copy of Trial Exhibit 92, bearing
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`Bates numbers JNPR-FNJN_29017_00553147 – 428.
`7.
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`Attached hereto as Exhibit 6 is a true and correct copy of Trial Exhibit 399, bearing
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`Bates numbers JNPR-FNJN_29032_00590572 – 632.
`8.
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`Attached hereto as Exhibit 7 is a true and correct copy of Trial Exhibit 65, bearing
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`Bates numbers JNPR-FNJN_29030_00553972 – 77.
`9.
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`Attached hereto as Exhibit 8 is a true and correct copy of Trial Exhibit 122, the Final
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`Written Decision from Symantec Corp. v. Finjan, Inc., Case IPR2015-01892, Paper No. 58, dated
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`March 15, 2017.
`10.
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`Attached hereto as Exhibit 9 is a true and correct copy of pages 16 and 53-54 from the
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`transcript of Pre-Trial proceedings held on December 4, 2018.
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`KASTENS DECLARATION IN SUPPORT OF
`FINJAN’S POST-TRIAL MOTIONS
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`Case 3:17-cv-05659-WHA Document 353-1 Filed 01/10/19 Page 3 of 4
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`11.
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`Attached hereto as Exhibit 10 is a true and correct copy of pages 25-28, 51-53, 69-71,
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`83, 87-94, and 100 from the transcript of the deposition of Shelly Gupta, taken on December 7, 2018.
`12.
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`Attached hereto as Exhibit 11 is a true and correct copy of pages 41-42 from the
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`Rebuttal Expert Report of Keith R. Ugone, Ph.D., served on November 7, 2018.
`13.
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`Attached hereto as Exhibit 12 is a true and correct copy of pages 11-12 from the
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`transcript of the deposition of Raju Manthena, taken on May 30, 2018.
`14.
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`Attached hereto as Exhibit 13 is a true and correct copy of Trial Exhibit 74, bearing
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`Bates numbers FINJAN-JN 005382 – 86.
`15.
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`Attached hereto as Exhibit 14 is a true and correct copy of pages 61-63 from the
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`transcript of the deposition of Alexander Icasiano, taken on November 30, 2018.
`16.
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`Attached hereto as Exhibit 15 is a true and correct copy of pages 7-9 from the transcript
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`of proceedings held on November 29, 2018, on the parties’ Daubert motions in this case.
`17.
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`Attached hereto as Exhibit 16 is a true and correct copy of Defendant Juniper
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`Networks, Inc.’s Second Supplemental Response to Plaintiff Finjan, Inc.’s Second Set of
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`Interrogatories, dated September 7, 2018.
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` declare under penalty of perjury under the laws of the United States of America that each of
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` I
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`the above statements is true and correct. Executed on January 10, 2019, in Menlo Park, CA.
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`/s/ Kristopher Kastens
`Kristopher Kastens
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`KASTENS DECLARATION IN SUPPORT OF
`FINJAN’S POST-TRIAL MOTIONS
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`Case 3:17-cv-05659-WHA Document 353-1 Filed 01/10/19 Page 4 of 4
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`ATTESTATION PURSUANT TO L.R. 5-1(I)
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`In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
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`document has been obtained from any other signatory to this document.
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`By:
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` /s/ Lisa Kobialka
`Lisa Kobialka
`Attorney for Plaintiff Finjan, Inc.
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`KASTENS DECLARATION IN SUPPORT OF
`FINJAN’S POST-TRIAL MOTIONS
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