`
`
`
`
`Exhibit 4
`
`
`
`Case 3:17-cv-05659-WHA Document 360-5 Filed 01/24/19 Page 2 of 6
`
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Kobialka, Lisa <LKobialka@KRAMERLEVIN.com>
`Monday, September 10, 2018 8:46 PM
`Glucoft, Josh; ~Kastens, Kristopher
`Wang, Kevin; Curran, Casey; Song, Sharon; Holland, Eileen; Kagan, Jonathan; ~Andre,
`Paul; ~Hannah, James; Carson, Rebecca; #Juniper/Finjan [Int]
`RE: Finjan v. Juniper - Order on December 10th Trial
`
`Josh,
`
`We are following the default deadlines and procedures in the FRCP for expert reports. We still would like to discuss the
`schedule to the extent deadlines are not explicitly set forth in Judge Alsup’s Orders or the FRCP.
`
`Lisa
`
`
`
`
`Lisa Kobialka
`Partner
`
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1711 M 650.274.3990 F 650.752.1811
`
`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.
`
`
`
`From: Glucoft, Josh [mailto:JGlucoft@irell.com]
`Sent: Monday, September 10, 2018 5:55 PM
`To: Kastens, Kris
`Cc: Wang, Kevin; Curran, Casey; Song, Sharon; Holland, Eileen; Kagan, Jonathan; Andre, Paul; Kobialka, Lisa; Hannah,
`James; Carson, Rebecca; #Juniper/Finjan [Int]; #Finjan-KramerLevin [Ext]
`Subject: [EXTERNAL] RE: Finjan v. Juniper - Order on December 10th Trial
`
`Kris,
`
`Please advise regarding the below.
`
`Thanks,
`Josh
`
`From: Glucoft, Josh
`Sent: Monday, September 10, 2018 8:41 AM
`To: ~Kastens, Kristopher <kkastens@kramerlevin.com>
`Cc: Wang, Kevin <kwang@irell.com>; Curran, Casey <ccurran@irell.com>; Song, Sharon <ssong@irell.com>; Holland,
`Eileen <EHolland@irell.com>; Kagan, Jonathan <JKagan@irell.com>; ~Andre, Paul <pandre@kramerlevin.com>;
`~Kobialka, Lisa <lkobialka@kramerlevin.com>; ~Hannah, James <jhannah@kramerlevin.com>; Carson, Rebecca
`1
`
`
`
`Case 3:17-cv-05659-WHA Document 360-5 Filed 01/24/19 Page 3 of 6
`<RCarson@irell.com>; #Juniper/Finjan [Int] <Juniper-Finjan@irell.com>
`Subject: RE: Finjan v. Juniper - Order on December 10th Trial
`
`Kris,
`
`Juniper believes that the default deadlines and procedures in the FRCP and Judge Alsup’s Standing Order should apply.
`
`To the extent that Finjan is not prepared to comply with the FRCP deadlines regarding expert disclosures, we are willing
`to agree to extend the deadline for serving opening reports until September 17 as a professional courtesy. But we will
`only be able to offer this courtesy if Finjan is willing to extend the deadline for serving rebuttal reports until October 29 to
`accommodate the Jewish High Holy Days observed by members of our team as well as other pre-scheduled personal
`commitments (including, for example, my wedding). Please let us know if you agree.
`
`Thanks,
`Josh
`
`From: Kastens, Kris <KKastens@KRAMERLEVIN.com>
`Sent: Friday, September 7, 2018 9:54 PM
`To: Glucoft, Josh <JGlucoft@irell.com>
`Cc: Wang, Kevin <kwang@irell.com>; Curran, Casey <ccurran@irell.com>; Song, Sharon <ssong@irell.com>; Holland,
`Eileen <EHolland@irell.com>; Kagan, Jonathan <JKagan@irell.com>; ~Andre, Paul <pandre@kramerlevin.com>;
`~Kobialka, Lisa <lkobialka@kramerlevin.com>; ~Hannah, James <jhannah@kramerlevin.com>; Carson, Rebecca
`<RCarson@irell.com>
`Subject: RE: Finjan v. Juniper - Order on December 10th Trial
`
`Josh,
`
`We were surprised when you wrote to the Court, after we contacted you numerous times about working together. In
`any case, in the spirit of cooperation, we would like to work out a schedule, given the parties only recently received from
`the Court the upcoming December 10th trial and we have been working on expert availability who are very busy and
`request the additional time as a professional courtesy. We propose the following schedule:
`
`Expert Disclosures
`• Opening reports on September 17
`• Rebuttal reports on October 17
`• Expert discovery closes on November 5
`
`
`Pretrial Disclosures
`• Exchange of Rule 26(a)(3) disclosures on November 9
`• Finjan’s draft of the Pretrial Order without exhibits on November 19
`• Juniper’s draft of the Pretrial Order without exhibits on November 26
`
`
`Motions in limine
`• Meet and confer regarding motions in limine on November 12
`• Serve opening motions in limine on November 14
`• Serve oppositions to motions in limine on November 23
`
`
`Since the most pressing deadline is the expert reports, we ask that it provide a response as soon as possible as a
`professional courtesy.
`
`Sincerely,
`Kris
`
`2
`
`
`
`Case 3:17-cv-05659-WHA Document 360-5 Filed 01/24/19 Page 4 of 6
`
`
`
`
`
`Kris Kastens
`Associate
`
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1715 F 650.752.1815
`
`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.
`
`
`
`From: Glucoft, Josh [mailto:JGlucoft@irell.com]
`Sent: Friday, September 07, 2018 8:04 PM
`To: Kastens, Kris
`Cc: Wang, Kevin; Curran, Casey; Song, Sharon; Holland, Eileen; Kagan, Jonathan; Andre, Paul; Kobialka, Lisa; Hannah,
`James; Carson, Rebecca; #Juniper/Finjan [Int]; #Finjan-KramerLevin [Ext]
`Subject: [EXTERNAL] RE: Finjan v. Juniper - Order on December 10th Trial
`
`Kris,
`
`
`We received your letter to the Court. We did not intend for our letter to the Court to be understood as controversial or
`adversarial, rather we were merely seeking clarification regarding the scope of the upcoming trial. When we saw your
`email indicating that you agreed that clarification was needed, we filed our letter quickly in order to make sure the Court
`received it in time to respond before the weekend. Given that expert reports are due this Tuesday pursuant to FRCP 26, if
`your reading was correct that the upcoming trial covered all issues on all patents, then we all would have had a very busy
`weekend finalizing all of those reports.
`
`If you have any questions or would like to discuss further, please let me know.
`
`
`Thanks,
`Josh
`
`
`
`From: Glucoft, Josh
`Sent: Friday, September 07, 2018 3:02 PM
`To: ~Kastens, Kristopher
`Cc: Wang, Kevin; Curran, Casey; Song, Sharon; Holland, Eileen; Kagan, Jonathan; ~Andre, Paul; ~Kobialka, Lisa;
`~Hannah, James; Carson, Rebecca; #Juniper/Finjan [Int]; #Finjan-KramerLevin [Ext]
`Subject: RE: Finjan v. Juniper - Order on December 10th Trial
`
`
`Kris,
`
`
`Just checking to see if you are still considering additional submissions. If so, please send us a draft to review.
`
`
`Thanks,
`Josh
`
`
`From: Glucoft, Josh
`Sent: Friday, September 7, 2018 12:34 PM
`
`3
`
`
`
`Case 3:17-cv-05659-WHA Document 360-5 Filed 01/24/19 Page 5 of 6
`To: ~Kastens, Kristopher <kkastens@kramerlevin.com>
`Cc: Wang, Kevin <kwang@irell.com>; Curran, Casey <ccurran@irell.com>; Song, Sharon <ssong@irell.com>; Holland,
`Eileen <EHolland@irell.com>; Kagan, Jonathan <JKagan@irell.com>; ~Andre, Paul <pandre@kramerlevin.com>;
`~Kobialka, Lisa <lkobialka@kramerlevin.com>; ~Hannah, James <jhannah@kramerlevin.com>; Carson, Rebecca
`<RCarson@irell.com>; #Juniper/Finjan [Int] <Juniper-Finjan@irell.com>; #Finjan-KramerLevin [Ext] <Finjan-
`KramerLevin@irell.com>
`Subject: RE: Finjan v. Juniper - Order on December 10th Trial
`
`
`Kris,
`
`
`Given our discussions, we agree that clarity is needed and sent a letter to the Court accordingly. Please review our letter
`and, if you believe that additional questions to the Court would be helpful, please send us your proposed submission so
`that we can take a look and get back to you on whether we will join.
`
`
`Thanks,
`Josh
`
`
`
`From: Kastens, Kris <KKastens@KRAMERLEVIN.com>
`Sent: Friday, September 7, 2018 11:58 AM
`To: Glucoft, Josh <JGlucoft@irell.com>
`Cc: Wang, Kevin <kwang@irell.com>; Curran, Casey <ccurran@irell.com>; Song, Sharon <ssong@irell.com>; Holland,
`Eileen <EHolland@irell.com>; Kagan, Jonathan <JKagan@irell.com>; ~Andre, Paul <pandre@kramerlevin.com>;
`~Kobialka, Lisa <lkobialka@kramerlevin.com>; ~Hannah, James <jhannah@kramerlevin.com>; Carson, Rebecca
`<RCarson@irell.com>
`Subject: Finjan v. Juniper - Order on December 10th Trial
`
`Josh,
`
`
`We write regarding our discussion from this Wednesday morning regarding the scope of the Court’s order for Trial in
`December. As I mentioned, we believe the language of the order sets a trial on all issues for December 10th. However,
`given the context of the order it could potentially be construed as setting trial issues related for the ‘494 Patent. Finjan
`intends to reach out to the Court today to seek clarity. Let us know by 1PM if Juniper intends to join.
`
`
`Sincerely,
`Kris
`
`
`
`
`Kris Kastens
`Associate
`
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1715 F 650.752.1815
`kkastens@kramerlevin.com
`
`
`Bio
`
`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.
`
`
`4
`
`
`
`Case 3:17-cv-05659-WHA Document 360-5 Filed 01/24/19 Page 6 of 6
`
`
`
`
`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
`replying to this message and then delete it from your system. Thank you.
`
`5
`
`