Case 3:17-cv-05659-WHA Document 360-5 Filed 01/24/19 Page 1 of 6
`
`
`
`
`Exhibit 4
`
`
`
`
`
`
`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
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
