Case 3:17-cv-05659-WHA Document 401-1 Filed 03/22/19 Page 1 of 3
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`PAUL 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
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`Attorneys for Plaintiff
`FINJAN, INC.
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`Case No.: 3:17-cv-05659-WHA
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`DECLARATION OF KRISTOPHER
`KASTENS IN SUPPORT OF FINJAN,
`INC.’S ADMINISTRATIVE MOTION TO
`EXTEND THE DEADLINE FOR FINJAN’S
`REPLY
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`Plaintiff,
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`Defendant.
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`FINJAN, INC.,
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`JUNIPER NETWORKS, INC.,
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`v.
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`____________________________________________________________________________________
`KASTENS DECL. ISO FINJAN’S ADMIN.
`CASE NO.: 3:17-cv-05659-WHA
`MOT. TO EXTEND REPLY DEADLINE
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`Case 3:17-cv-05659-WHA Document 401-1 Filed 03/22/19 Page 2 of 3
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`I, Kristopher Kastens, declare:
`1.
`I am an attorney with the law firm Kramer Levin Naftalis & Frankel LLP, counsel of
`record for Finjan, Inc. (“Finjan”). I have personal knowledge of the facts stated herein and can testify
`competently to those facts. I make this declaration in support of Finjan, Inc.’s Administrative Motion
`to Extend the Deadline for Finjan’s Reply.
`2.
`Attached as Exhibit A is a true and correct copy of an email exchange between Finjan’s
`counsel and Juniper’s counsel, with redactions added, regarding the scheduling of Dr. Rubin’s
`deposition.
`3.
`Reply briefs for the second round of Summary Judgment motions are due on April 4,
`2019 and the hearing is set for May 2, 2019. See Dkt. 219. Finjan’s motion seeks to extend the
`deadline for its reply brief by two (2) business days.
`4.
`Finjan and Juniper exchanged emails to identify a date on which Juniper’s expert, Dr.
`Rubin, could be deposed so that his testimony could be incorporated into Finjan’s Reply brief for its
`motion for summary judgment on the ‘154 Patent. On March 19, 2019, Juniper offered two dates for
`Dr. Rubin’s deposition: Saturday, March 30, 2019, and Tuesday, April 2, 2019. For the April 2, 2019
`date, Juniper unilaterally imposed an 11 a.m. start time for Dr. Rubin’s deposition.
`5.
`On March 21, 2019, Finjan informed Juniper that it could not depose Dr. Rubin on
`Saturday, March 30, 2019, but would agree to depose Dr. Rubin on April 2, 2019 if Juniper would
`stipulate to extend the filing date for Finjan’s Reply brief to April 8, 2019.
`6.
`On March 21, 2019, Juniper declined to agree to extend the deadline for Finjan’s Reply
`brief, alleging that Finjan had sufficient time to integrate the testimony into its Reply brief.
`7.
`On March 22, 2019, Finjan filed an administrative motion to extend the deadline to file
`its reply brief.
`8.
`A time extension will provide Finjan with enough time to receive the transcript from the
`deposition of Dr. Rubin and incorporate it in its reply brief. Finjan will likely be harmed if it is not
`afforded sufficient time to incorporate Dr. Rubin’s testimony in its Reply brief.
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`KASTENS DECL. ISO FINJAN’S ADMIN.
`MOT. TO EXTEND REPLY DEADLINE
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`Case 3:17-cv-05659-WHA Document 401-1 Filed 03/22/19 Page 3 of 3
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`Granting Finjan’s requested time extension here will not affect any other dates in the
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`9.
`case schedule.
`10.
`Prior time modifications include the following: The Court issued an amended case
`management order on February 23, 2018; the Court granted in part and denied in part Finjan’s motion
`to shorten time on April 24, 2018 (Dkt. 73); the Court issued a second amended case management
`order on August 31, 2018 (Dkt. 191); the Court granted a joint stipulation and order to modify the
`Scheduling Order with respect to Juniper’s election of asserted prior art and the service of Juniper’s
`rebuttal expert reports on October 9, 2018, (Dkt. No. 206); and on February 6, 2019, the Court
`rescheduled the hearing for judgment as a matter of law (Dkt. 367).
`I declare under penalty of perjury under the laws of the United States that the foregoing is true
`and correct. Executed on March 22, 2019 in Menlo Park, California.
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`/s/ Kristopher Kastens
`Kristopher Kastens
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`KASTENS DECL. ISO FINJAN’S ADMIN.
`MOT. TO EXTEND REPLY DEADLINE
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`2
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`CASE NO.: 3:17-cv-05659-WHA
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