Case 3:17-cv-05659-WHA Document 358-3 Filed 01/24/19 Page 1 of 7
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`Exhibit 3
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`Case 3:17-cv-05659-WHA Document 358-3 Filed 01/24/19 Page 2 of 7
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`Case Clip(s) Detailed Report
`Wednesday, December 12, 2018, 7:46:00 AM
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`Finjan v. Juniper
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`Coonan, Scott (Vol. 01) - 11/16/2018
`1 CLIP (RUNNING 00:15:12.743)
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`Plaintiff's Deposition Designations for Scott Coonan - with Juniper's Counters and Finjan's Counters
`(11-16-18)
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`43 SEGMENTS (RUNNING 00:15:12.743)
`SC1116-CC
`1. PAGE 7:03 TO 7:15 (RUNNING 00:00:24.427)
` 03 SCOTT JAMES COONAN,
` 04 the witness herein, having been first duly sworn, was
` 05 examined and testified as follows:
` 06 THE VIDEOGRAPHER: Please proceed, Counsel.
` 07 EXAMINATION
` 08 BY MR. LEE:
` 09 Q Please state your full name.
` 10 A Scott James Coonan.
` 11 Q And where do you work?
` 12 A At Juniper Networks in Sunnyvale, California.
` 13 Q What is your position?
` 14 A I am the senior director of IP litigation and
` 15 strategy.
`2. PAGE 7:16 TO 7:22 (RUNNING 00:00:30.506)
` 16 Q What are your responsibilities?
` 17 A Besides the ones that are self-evident from
` 18 the title? I largely -- I manage all IP litigation and
` 19 some non-IP litigation, principally. I also support the
` 20 commercial function in negotiating various terms of
` 21 equipment sales to our customers. Those are my
` 22 principal responsibilities.
`3. PAGE 25:23 TO 26:01 (RUNNING 00:00:12.610)
` 23 Q Have you heard the SRX series?
` 24 A I'm familiar with the -- the product, yes.
` 25 Q Does Juniper's SRX products use anything from
` 00026:01 NetScreen?
`4. PAGE 26:03 TO 26:03 (RUNNING 00:00:01.981)
` 03 A I don't know.
`5. PAGE 26:08 TO 26:10 (RUNNING 00:00:06.368)
` 08 Did you previously say that there are some
` 09 Juniper firewall products that use technology from
` 10 NetScreen?
`6. PAGE 26:12 TO 26:20 (RUNNING 00:00:29.933)
` 12 A I said I wasn't comfortable saying whether a
` 13 particular product used NetScreen technology or did not.
` 14 What I then said in a subsequent question was that I was
` 15 fairly certain that when the transaction took place
` 16 between NetScreen and Juniper, that NetScreen had
` 17 firewall and VPN products.
` 18 Q Can you be more specific in what the names of
` 19 these products are?
` 20 A No.
`7. PAGE 26:21 TO 26:22 (RUNNING 00:00:04.660)
` 21 Q Can you name any of Juniper's firewall or VPN
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`Case 3:17-cv-05659-WHA Document 358-3 Filed 01/24/19 Page 3 of 7
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`Case Clip(s) Detailed Report
`Wednesday, December 12, 2018, 7:46:00 AM
`
`Finjan v. Juniper
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` 22 products?
`8. PAGE 26:24 TO 27:04 (RUNNING 00:00:18.811)
` 24 A SRX is a firewall product. I don't know how
` 25 much of it, if any, was derived from the NetScreen
` 00027:01 products.
` 02 Q When was this transaction made?
` 03 A I believe it was somewhere around April of
` 04 2004.
`9. PAGE 29:01 TO 29:04 (RUNNING 00:00:09.228)
` 00029:01 Q You mentioned that Juniper acquired NetScreen
` 02 to get into the security business?
` 03 A Yes.
` 04 Q Can you elaborate what do you mean by that?
`10. PAGE 29:06 TO 29:17 (RUNNING 00:01:00.515)
` 06 A Well, Juniper -- Juniper was founded as an
` 07 alternative to Cisco in the networking space. And when
` 08 it was initially founded, we only sold routers. As we
` 09 grew up and became more of a real company and not just a
` 10 startup, people felt like we needed to have a more --
` 11 this is the way the story has been told to me -- a
` 12 broader offering. And we were not in the security
` 13 business at the time, and that was a logical next step
` 14 because, you know, in addition to building network --
` 15 the network, it's logical to want to make the network
` 16 safe from intrusion. So that was a -- a logical next
` 17 step for us to offer a security set of products.
`11. PAGE 127:01 TO 127:04 (RUNNING 00:00:24.090)
` 00127:01 Q You've been handed an exhibit marked as
` 02 Exhibit 7. Exhibit 7 is -- has the heading of
` 03 "Transcript." It's Bates labeled
` 04 JNPR-FNJN_29011_00960575 to 0591.
`12. PAGE 128:06 TO 128:17 (RUNNING 00:00:40.577)
` 06 Q Do you have Exhibit 7 in front of you?
` 07 A Yes.
` 08 Q Do you have any understanding of what is
` 09 Exhibit 7?
` 10 A I do.
` 11 Q And what is Exhibit 7?
` 12 A This is a transcribed version of -- of the
` 13 phone call that I had with Mr. Garland in November --
` 14 November 2015 time frame.
` 15 Q Is the call with Mr. Garland on November 24th,
` 16 2015?
` 17 A That sounds about right.
`13. PAGE 130:20 TO 130:23 (RUNNING 00:00:18.391)
` 20 Q Did you create the audio file?
` 21 A Yes.
` 22 Q How did you create this audio file?
` 23 A Using the voice memo feature on my iPhone.
`14. PAGE 130:24 TO 131:02 (RUNNING 00:00:09.796)
` 24 Q During your November 24th, 2015, call with
` 25 Mr. Garland, did you ever inform him that you were
` 00131:01 recording the call?
` 02 A I did not.
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`Case 3:17-cv-05659-WHA Document 358-3 Filed 01/24/19 Page 4 of 7
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`Case Clip(s) Detailed Report
`Wednesday, December 12, 2018, 7:46:00 AM
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`Finjan v. Juniper
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`15. PAGE 131:05 TO 131:14 (RUNNING 00:00:46.594)
` 05 Q Can you provide any reason why you didn't
` 06 inform him that you were recording the call?
` 07 A The reason I decided to record the call was to
` 08 protect myself because I had become aware that -- that
` 09 certain mischaracterizations of events during the
` 10 negotiations had taken place, and I wanted to make sure
` 11 that didn't happen again, and I wanted to make sure that
` 12 the truth was going to be told accurately. To advise
` 13 him of the recording would have, you know, eviscerated
` 14 that protection, would have made it meaningless.
`16. PAGE 133:14 TO 133:15 (RUNNING 00:00:10.254)
` 14 Q So during your November 24th call with
` 15 Mr. Garland, Sky ATP was never discussed?
`17. PAGE 133:16 TO 133:21 (RUNNING 00:00:20.523)
` 16 A Correct.
` 17 Q But SRX was discussed?
` 18 A We mentioned SRX on a few occasions, yes.
` 19 Q Did you and Mr. Garland discuss any other
` 20 Juniper products other than Juniper's SRX product during
` 21 your November 24th call?
`18. PAGE 133:23 TO 133:24 (RUNNING 00:00:04.315)
` 23 A My recollection is -- can I take a moment to
` 24 look through this?
`19. PAGE 133:25 TO 134:01 (RUNNING 00:00:05.020)
` 25 Q Sure. Are you looking for something in
` 00134:01 particular?
`20. PAGE 134:02 TO 134:03 (RUNNING 00:00:10.593)
` 02 A So at the bottom of 577, he's talking about
` 03 next-generation firewalls, UTM, your antivirus, your --
`21. PAGE 134:04 TO 134:05 (RUNNING 00:00:13.442)
` 04 with filtering. So modules that, when we think of
` 05 modules, we think of SRX as a module-based product.
`22. PAGE 134:06 TO 134:09 (RUNNING 00:00:19.062)
` 06 So in my view, there was nothing that was
` 07 either expressly mentioning Sky ATP, nor by implication,
` 08 in my view, mentioning Sky ATP or things that would
` 09 implicate Sky ATP.
`23. PAGE 141:18 TO 141:19 (RUNNING 00:00:08.230)
` 18 Q And why did you not inform him that you were
` 19 recording the call?
`24. PAGE 141:21 TO 142:03 (RUNNING 00:00:34.078)
` 21 A Well, I was comfortable that what I was doing
` 22 was legal. I was located in North Carolina, which is a
` 23 one-party consent state. I had ascertained
` 24 Mr. Garland's location earlier as being on the East
` 25 Coast. It's a -- that's the majority approach. And
` 00142:01 since I was comfortable that I was doing something
` 02 legal, I didn't feel that it was necessary to disclose
` 03 it.
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`CONFIDENTIAL
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`Case 3:17-cv-05659-WHA Document 358-3 Filed 01/24/19 Page 5 of 7
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`Case Clip(s) Detailed Report
`Wednesday, December 12, 2018, 7:46:00 AM
`
`Finjan v. Juniper
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`25. PAGE 145:01 TO 145:22 (RUNNING 00:01:24.615)
` 00145:01 Q What is it about this particular call with
` 02 Mr. Garland on November 24th, 2015, that you decided
` 03 that it needed to be recorded?
` 04 A Well, maybe I -- I've led a charmed life, but
` 05 it's not often that you are dealing with a party that
` 06 you know in advance going into a particular conversation
` 07 that that person is probably not going to be entirely
` 08 truthful. I had that insight. I couldn't ignore that.
` 09 I couldn't take that away as a fact that operated in the
` 10 background of this case.
` 11 Since we were going to be talking about a very
` 12 important topic, something Juniper takes very seriously,
` 13 but that could ultimately, you know, result in the
` 14 payment of, you know, large sums of money, I felt like
` 15 the facts needed to be accurate and that I needed to be
` 16 able to rely on those facts. And so I chose to -- to
` 17 record it because I had that information ahead of time.
` 18 And I think I would, you know -- was just looking out
` 19 for the situation where, you know, there was no
` 20 recording, and I said that he said one thing, and he
` 21 said that he said another, and then I would know that I
` 22 was right, but I'd have no way of proving it.
`26. PAGE 147:11 TO 147:14 (RUNNING 00:00:13.871)
` 11 Q So you recorded the call between you and
` 12 Mr. Garland on November 24th, 2015, because he was
` 13 untruthful about saying that you reneged on the offer
` 14 for the PAN litigation?
`27. PAGE 147:16 TO 147:23 (RUNNING 00:00:19.938)
` 16 Q Is that correct?
` 17 A That's the -- that's the main reason.
` 18 Q Any other reason?
` 19 A The -- the fact that there were two different
` 20 instances involving, you know, fairly senior people at
` 21 the same company getting the same fact -- taking the
` 22 same fact and twisting it in a different way, both of
` 23 them incorrect.
`28. PAGE 155:15 TO 156:06 (RUNNING 00:01:01.134)
` 15 Q You said that you started recording this after
` 16 you and Mr. Garland already started speaking, correct?
` 17 A Yes.
` 18 Q Why did you decide to -- to -- to start
` 19 recording partway into your conversation with
` 20 Mr. Garland?
` 21 A It wasn't a -- it wasn't a conscious decision
` 22 to start it late. I was doing a lot of things. I was
` 23 in my -- in my home office. I was juggling -- I can't
` 24 recall whether I was on two phones or one phone. I had
` 25 my notepad. I had, you know, a pen, and I was trying to
` 00156:01 just start the call and be on time for the call. So
` 02 just a lot of things going on. I might have -- we
` 03 might -- I can't recall whether I sent him or he sent me
` 04 one of those bridges where you have dial-in
` 05 instructions. And so after that kind of settled down,
` 06 then I got around to pressing record.
`29. PAGE 156:07 TO 156:11 (RUNNING 00:00:06.339)
` 07 Q You mentioned that you were in your home
` 08 office?
` 09 A Yes.
` 10 Q Where is your home office located?
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`Case 3:17-cv-05659-WHA Document 358-3 Filed 01/24/19 Page 6 of 7
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`Case Clip(s) Detailed Report
`Wednesday, December 12, 2018, 7:46:00 AM
`
`Finjan v. Juniper
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` 11 A It's in Raleigh, North Carolina.
`30. PAGE 166:15 TO 166:15 (RUNNING 00:00:03.951)
` 15 Q Can you go to the Bates ending in 580. Can
`31. PAGE 166:16 TO 167:03 (RUNNING 00:00:52.595)
` 16 you go to time code 11:21. Do you see where Mr. Garland
` 17 says that it reads on your advance malware modules?
` 18 A Right.
` 19 Q Do you have any understanding of what are your
` 20 advanced malware modules?
` 21 A No. I'm not familiar with a product called
` 22 the advanced malware module. There's -- I mean,
` 23 "advanced" probably just means some sort of marketing
` 24 lingo. "Malware" is really stuff that's in a -- that
` 25 can get into the network that's bad that everyone wants
` 00167:01 to eliminate. And then "module" suggests some sort of
` 02 more of a -- in my view, more of like a hardware
` 03 solution. But we did have, I think when it comes to Sky
`32. PAGE 167:04 TO 167:04 (RUNNING 00:00:14.315)
` 04 ATP, that is -- I think it does deal with advanced
`33. PAGE 167:05 TO 167:06 (RUNNING 00:00:10.347)
` 05 malware solutions, but it's -- it's a cloud-based
` 06 solution, not a module.
`34. PAGE 167:07 TO 167:09 (RUNNING 00:00:09.923)
` 07 Q When Mr. Garland is saying, "It reads on your
` 08 advanced malware module," is he referring to the '494
` 09 patent?
`35. PAGE 167:10 TO 167:10 (RUNNING 00:00:02.127)
` 10 A It appears to, yes.
`36. PAGE 167:11 TO 167:12 (RUNNING 00:00:10.785)
` 11 Q That's Exhibit 3, right, the '494 patent?
` 12 A Yes.
`37. PAGE 167:13 TO 168:02 (RUNNING 00:00:45.078)
` 13 Q Have you ever heard of Sky ATP referred to as
` 14 advanced malware?
` 15 A No.
` 16 Q Have you -- is it your understanding -- do you
` 17 have any understanding of what "modules" means?
` 18 A I -- I mean, before this case started, I
` 19 didn't have any knowledge of -- of this field of
` 20 technology.
` 21 Q Have you ever heard of Sky ATP referred to as
` 22 having advanced malware modules?
` 23 A Not -- not a module, no, 'cause it's a
` 24 cloud-based solution.
` 25 Q You said that Sky ATP does have some kind of
` 00168:01 technology related to advanced malware?
` 02 A Right.
`38. PAGE 168:03 TO 168:09 (RUNNING 00:00:34.686)
` 03 Q Can you be more specific?
` 04 A Well, it's a security product. So its goal is
` 05 to scrub whatever it's connected to for bad stuff. And
` 06 it's provided by -- it's provided in the cloud. In
` 07 other words, Juniper probably contracts with someone
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`CONFIDENTIAL
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`Case 3:17-cv-05659-WHA Document 358-3 Filed 01/24/19 Page 7 of 7
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`Case Clip(s) Detailed Report
`Wednesday, December 12, 2018, 7:46:00 AM
`
`Finjan v. Juniper
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` 08 else who is actually providing a service outside of a
` 09 Juniper box.
`39. PAGE 169:20 TO 169:24 (RUNNING 00:00:12.415)
` 20 Q Do you have any understanding of how Sky ATP
` 21 works?
` 22 A I do not.
` 23 Q Do you have any understanding of how SRX
` 24 works?
`40. PAGE 170:01 TO 170:02 (RUNNING 00:00:06.241)
` 00170:01 A I just know it's a firewall. I don't know
` 02 much beyond that. I'm not a technical guy anymore.
`41. PAGE 170:03 TO 170:10 (RUNNING 00:00:31.223)
` 03 Q Is it your understanding that when Mr. Garland
` 04 says "advanced malware modules," that it's referring to
` 05 something in SRX?
` 06 A The terminology, especially the word "module,"
` 07 combined with his earlier statement -- I'd have to look
` 08 and see where it is -- that's referring to SRX as being
` 09 a product they were particularly interested in, those
` 10 caused me to -- to draw that conclusion.
`42. PAGE 170:19 TO 170:24 (RUNNING 00:00:17.345)
` 19 Q Do you have any understanding of which Juniper
` 20 products Mr. Garland is referring to when he says
` 21 "advanced malware modules"?
` 22 A As I said, I really focus mostly on SRX
` 23 because of his earlier reference to SRX and then use of
` 24 the word module.
`43. PAGE 170:25 TO 171:02 (RUNNING 00:00:11.811)
` 25 Q Have you heard of Sky ATP referred to as any
` 00171:01 other name other than Sky ATP?
` 02 A I don't know if I have.
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`TOTAL: 1 CLIP FROM 1 DEPOSITION (RUNNING 00:15:12.743)
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