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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`Case 3:17-cv-05659-WHA Document 360-1 Filed 01/24/19 Page 1 of 4
`
`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Alan Heinrich (SBN 212782)
`aheinrich@irell.com
`Joshua Glucoft (SBN 301249)
`jglucoft@irell.com
`Casey Curran (SBN 305210)
`ccurran@irell.com
`Sharon Song (SBN 313535)
`ssong@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone: (310) 277-1010
`Facsimile: (310) 203-7199
`
`Rebecca Carson (SBN 254105)
`rcarson@irell.com
`Kevin Wang (SBN 318024)
`kwang@irell.com
`840 Newport Center Drive, Suite 400
`Newport Beach, California 92660-6324
`Telephone: (949) 760-0991
`Facsimile: (949) 760-5200
`
`Attorneys for Defendant
`JUNIPER NETWORKS, INC.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`FINJAN, INC., a Delaware Corporation,
`)
`Case No. 3:17-cv-05659-WHA
`
`)
`
`DECLARATION OF CASEY M. CURRAN
`Plaintiff,
`)
`IN SUPPORT OF DEFENDANT JUNIPER
`
`)
`NETWORKS, INC.’S OPPOSITION TO
`vs.
`
`)
`FINJAN, INC.’S MOTION FOR
`
`)
`JUDGEMENT AS A MATTER OF LAW
`JUNIPER NETWORKS, INC., a Delaware
`)
`AND MOTION FOR NEW TRIAL
`Corporation,
`)
`
`
`)
`)
`Hon. William Alsup
`)
`
`
`
`
`
`Defendant.
`
`10634257
`
`
`DECLARATION OF CASEY M. CURRAN
`(Case No. 3:17-cv-05659-WHA)
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`

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`Case 3:17-cv-05659-WHA Document 360-1 Filed 01/24/19 Page 2 of 4
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`DECLARATION OF CASEY M. CURRAN
`I, Casey M. Curran, declare as follows:
`1.
`I am an associate at the law firm of Irell & Manella LLP and counsel of record for
`Defendant Juniper Networks, Inc. (“Juniper”) in the above-captioned action. I am a member in good
`standing of the State Bar of California and have been admitted to practice before this Court. I have
`personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and
`would testify competently to such facts under oath. I submit this declaration in support of Juniper’s
`Opposition to Finjan, Inc.’s (“Finjan’s”) Motion for Judgment as a Matter of Law and Motion for
`New Trial.
`In response to Finjan’s Requests for Production No. 20 and in accordance with N.D.
`2.
`Cal. Patent Local Rule 3-4(e), on April 23, 2018, Juniper produced financial spreadsheets which
`included Juniper’s revenues for all SRX devices and Sky ATP licenses sold during the damages
`period. At that time Juniper was not aware of any need, and Finjan did not request, that Juniper
`isolate revenues from SRX devices which were enabled to use Sky ATP.
`3.
`On August 24, 2018 the Court granted-in-part Finjan’s Motion for Summary
`Judgment on Claim 10 of the ’494 Patent. At that time the Court held that the amount of damages
`arising out of any infringement of Claim 10 of the ’494 Patent would be decided at trial.
`Consequently, Juniper sought to generate spreadsheets by which the parties could isolate the
`revenues for just those SRX units that were used in combination with Sky ATP during the damages
`period. While the parties could have calculated these revenues using the April 2018 spreadsheet by
`calculating the number of Sky ATP licenses and utilizing the average revenues from sales of
`compatible SRX devices to arrive at an estimate of the pertinent SRX revenues, Juniper sought to
`reduce the need to estimate revenues by providing more precise information.
`4.
`On August 31, 2018 the Court issued its Third Amended Case Management Order
`which scheduled trial to commence on December 10, 2018. The Court’s August 31 Order triggered
`a September 11, 2018 deadline for opening expert reports under the Federal Rules. Given this new
`deadline, Juniper expedited its efforts to supplement its damages production. During the week of
`September 2, 2018 Juniper worked to create two spreadsheets: (1) one identifying SRX devices for
`
`10634257
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`DECLARATION OF CASEY M. CURRAN
`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 360-1 Filed 01/24/19 Page 3 of 4
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`which the free version of Sky ATP was enabled during the damages period, and (2) a version of the
`financial data produced on April 23, 2018 that added information about the end customer data so
`that paid Sky ATP licenses could be linked to SRX purchases. Juniper produced both spreadsheets
`on September 7, 2018.
`5.
`When Juniper added end customer data to the April 2018 spreadsheet, the number of
`rows increased as a result of the added granularity. Specifically, the granularity of the April 2018
`spreadsheet breaks the data down by one row per achievement quarter/year, part number, ship to
`country, and end customer country. This means that if two different customers in the same country
`ordered the same part number in the same quarter, the April 2018 spreadsheet would have only one
`row (combined for the two customers). When Juniper added end customer data, the granularity
`changed to be one row per achievement quarter/year, part number, and end customer name. This
`means that if two different customers ordered the same part number in the same quarter and the
`same country, the September 2018 spreadsheet would have two rows (one for each customer name).
`The total summation of each category of financial information remains the same between the April
`2018 and September 2018 spreadsheets. For example, the sum of the column “Achievement Net”
`contained within both spreadsheets is $610,844,337.2.
`6.
`With the exception of the addition of “End Customer Parent” to the September
`spreadsheet the columns in the April and September spreadsheets reflect the same categories of data.
`The September spreadsheet contains two additional columns (“Derived Achievement Quantity” and
`“Derived Extended List Price”) which contain information duplicative of columns which exist in
`both the April and September spreadsheets. Specifically, the column “Derived Achievement
`Quantity” reflects the same data as “Achievement Quantity”; similarly, the column “Derived
`Extended List Price” reflects the same data as “Extended List Price.”
`Attached hereto as Exhibit 1 is a true and correct copy of Appendix F-1 to Finjan’s
`7.
`Initial Disclosure of Asserted Claims and Infringement Contentions Pursuant to Patent Local Rules
`3-1 and 3-2, dated March 8, 2018.
`Attached hereto as Exhibit 2 is a true and correct copy of Finjan’s First Set of
`8.
`Requests for Production, dated February 23, 2018.
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`DECLARATION OF CASEY M. CURRAN
`(Case No. 3:17-cv-05659-WHA)
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`Case 3:17-cv-05659-WHA Document 360-1 Filed 01/24/19 Page 4 of 4
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`Attached hereto as Exhibit 3 is a true and correct copy of an email from Kristopher
`9.
`Kastens to Joshua Glucoft, dated March 30, 2018.
`Attached hereto as Exhibit 4 is a true and correct copy of an email from Lisa
`10.
`Kobialka to Joshua Glucoft, dated September 10, 2018.
`Attached hereto as Exhibit 5 is a true and correct copy of excerpts of the reporter’s
`11.
`transcript from the claim construction hearing in Finjan, Inc. v. ESET, LLC et al., No. 3:17-cv-
`00183 (S.D. Cal. Oct. 9, 2017), dated September 26, 2017.
`Executed on January 24, 2019, at Los Angeles, California.
`I declare under penalty of perjury under the laws of the United States of America that the
`foregoing is true and correct.
`
`/s/ Casey M. Curran
`Casey M. Curran
`
`10634257
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`DECLARATION OF CASEY M. CURRAN
`(Case No. 3:17-cv-05659-WHA)
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