Case 3:17-cv-05659-WHA Document 400 Filed 03/22/19 Page 1 of 2
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`Paul Andre
`Partner
`T 650-752-1700
`F 650-752-1800
`PAndre@KRAMERLEVIN.com
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`March 22, 2019
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`
`990 Marsh Road
`Menlo Park, CA 94025-1949
`T 650.752.1700
`F 650.752.1800
`
`Honorable William Alsup
`U.S. District Court, Northern District of California
`San Francisco Courthouse
`Courtroom 12 – 19th Floor
`450 Golden Gate Avenue
`San Francisco, CA 94102
`
`
`Re:
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`Finjan, Inc. v. Juniper Networks, Inc., Case No. 3:17-cv-05659-WHA
`
`Dear Judge Alsup:
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`Plaintiff Finjan, Inc. (“Finjan”) respectfully requests that Defendant Juniper
`Networks, Inc. (“Juniper”) be compelled to comply with the Court’s March 19th Order
`(Dkt. No. 399) and provide hard copies of the source code that it relies on for its
`Opposition. Currently, an attorney for Finjan is scheduled to review Juniper’s source
`code on the 28th, but this alone is insufficient. Specifically, Finjan requires hard copies of
`this source code so it can be analyzed by Finjan’s expert (who is unavailable on the 28th
`for an in-person review), used as an exhibit during the deposition of Juniper’s expert, and
`attached as an exhibit for Finjan’s Reply Brief.
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`Background
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`In its March 18th Letter, Finjan requested that Juniper be compelled to make the
`source code available for inspection on either March 20th or 21st because Finjan timely
`requested a review, and Juniper cited source code in its opposition to which Finjan did
`not have access. See Dkt No. 394 at 1-2. The Court issued an order on March 19th,
`stating that “Juniper Networks, Inc. shall produce to Finjan all of the source code
`requested by Finjan with respect to the instant discovery request.” Dkt. No. 399
`(emphasis added). The Court then also ordered Juniper to also make the full source code
`repository available for inspection, stating that Juniper must also “give Finjan fair
`opportunity to review source code more broadly.” Id. (emphasis added). Based on the
`Court’s Order, Juniper was to produce printouts of the source code it relied on and also
`make the source code available for inspection.
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`KRAMER LEVIN NAFTALIS & FRANKEL LLP
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` SILICON VALLEY | NEW YORK | PARIS
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`Case 3:17-cv-05659-WHA Document 400 Filed 03/22/19 Page 2 of 2
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`Hon. William Alsup
`March 22, 2019
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`
`
`On March 21st, Finjan identified the source code that Juniper cited in its
`Opposition to confirm that Juniper would be producing hard copies of these files on
`March 28th. Exhibit A attached hereto at 1-2. Juniper responded that it will only make its
`source code available for inspection on March 28th, but would not produce any hard
`copies of the identified source code. Id. at 1.
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`Argument
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`The Court should enforce its March 19th order, stating that “Juniper Networks,
`Inc. shall produce to Finjan all of the source code requested by Finjan with respect to the
`instant discovery request,” Dkt. No. 399 (emphasis added), and compel Juniper to
`provide hard copies because Finjan requires these printouts for several reasons. First,
`Finjan’s requires them so that its expert can analyze the code cited by Juniper. As Finjan
`stated in its March 18th Letter (Dkt. No. 394 at 1), its expert is unavailable to review on
`March 28th, and was only available on March 20th and 21st. Juniper knows full well that
`Finjan’s expert cannot review on the 28th, because that is the very day that Juniper is
`taking his deposition in Boston. See Exhibit A at 3. Thus, Juniper’s offer to review
`source code on March 28th, which was the only day that Juniper claims it can make its
`source code available, was intended to thwart Finjan’s ability to review the source code,
`since Juniper knew that it was taking Finjan’s expert deposition all day on March 28th on
`the other side of the country from where Juniper is making its source code available.
`Thus, Finjan will need hard copy printouts of the source code so Finjan’s expert can
`provide his input. Additionally, Finjan will need hard copies to use during the deposition
`of Juniper’s expert and potentially to attach as exhibits to its Reply brief. As such, Finjan
`requires these hard copy printouts to fully prepare its response to Juniper.
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`Finjan further requests that that when its attorney reviews the source code on
`March 28th, that Finjan will be allowed to print any source code referenced in Juniper’s
`Opposition, and that these will not count against any limits on the number of pages that
`Finjan is allowed to print.
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`Sincerely,
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`/s/ Paul Andre
`Paul Andre
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