`
`
`
`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
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`
`Case No.: 3:17-cv-05659-WHA
`
`PLAINTIFF FINJAN, INC.’S NOTICE OF
`SUPPLEMENTAL AUTHORITY
`
`
`FINJAN, INC., a Delaware Corporation,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
`
`
`
`
`
`
`Defendant.
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`FINJAN’S NOTICE OF
`SUPP. AUTHORITY
`
`CASE NO.: 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 374 Filed 02/19/19 Page 2 of 3
`
`
`
`Plaintiff Finjan, Inc. writes to notify the Court of relevant supplemental authority regarding issues
`
`presented in Finjan’s post-trial motions from the first round of showdown and second round of summary
`
`judgment briefing, which are currently pending. Dkt. No. 353 at 24; Dkt. No. 365 at 15; Dkt. No. 370-4
`
`at 5.
`
`On February 14, 2019, Judge Gilliam issued a Claim Construction Order, which construed the
`
`claim terms of patents that are also at issue in this case. Finjan, Inc. v. Bitdefender Inc., et al.,, Case No.
`
`17-cv-04790-HSG, Dkt. No. 101 (N.D. Cal., Feb. 14, 2019) (“Bitdefender Litigation”). In particular,
`
`Judge Gilliam construed the term “performing a hashing function on the Downloadable and the fetched
`
`software components to generate a Downloadable ID” from U.S. Patent No. 6,804,780 (the “’780
`
`Patent”) to be “performing a hashing function that operates across the combination of a Downloadable
`
`together with its fetched software components to transmute the Downloadable and its fetched software
`
`components into a unique and reproducible ID for that Downloadable.” See Exhibit A, Bitdefender
`
`Litigation, Dkt. No. 101 at 28. Judge Gilliam’s construction did not require that the Downloadable ID be
`
`a “single hash value,” as was required by this Court’s claim construction of the term, and relied on for
`
`this Court’s findings in its Order re Early Motion for Summary Judgment on ‘780 Patent. Dkt. 177 at 9-
`
`10. Judge Gilliam’s construction shows an additional intra-district conflict regarding the construction of
`
`the term. A copy of Judge Gilliam’s Claim Construction Order is attached hereto as Exhibit A for the
`
`Court’s convenience.
`
`
`
`
`FINJAN’S NOTICE OF
`SUPP. AUTHORITY
`
`1
`
`CASE NO.: 3:17-cv-05659-WHA
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Case 3:17-cv-05659-WHA Document 374 Filed 02/19/19 Page 3 of 3
`
`
`
`
`
`Dated: February 19, 2019
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Kristopher Kastens
`Paul J. Andre (State Bar No. 196585)
`Lisa Kobialka (State Bar No. 191404)
`James Hannah (State Bar No. 237978)
`Kristopher Kastens (State Bar No. 254797)
`KRAMER LEVIN NAFTALIS
`& FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`pandre@kramerlevin.com
`lkobialka@kramerlevin.com
`jhannah@kramerlevin.com
`kkastens@kramerlevin.com
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`
`
`
`
`
`FINJAN’S NOTICE OF
`SUPP. AUTHORITY
`
`2
`
`CASE NO.: 3:17-cv-05659-WHA
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
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
