`
`
`
`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
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`FINJAN, INC., a Delaware Corporation,
`Case No.: 3:17-cv-05659-WHA
`
`
`DECLARATION OF KRISTOPHER
`
`KASTENS IN SUPPORT OF PLAINTIFF
`
`FINJAN, INC.’S OPPOSITION TO
`
`DEFENDANT JUNIPER NETWORKS,
`
`INC.’S MOTION TO STRIKE THEORIES
`JUNIPER NETWORKS, INC., a Delaware
`FROM FINJAN’S MOTION FOR
`Corporation,
`SUMMARY JUDGMENT, AND MOTION
`
`TO AMEND
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`May 2, 2019
`Date:
`8:00 a.m.
`Time:
`Courtroom: Courtroom 12, 19th Floor
`Before:
`Hon. William Alsup
`
`
`
`
`
`REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED
`
`____________________________________________________________________________________
`KASTENS DECL. IN SUPPORT OF FINJAN’S .
` CASE NO.: 3:17-cv-05659-WHA
`OPP. TO JUNIPER’S MOTION TO STRIKE THEORIES
`FROM FINJAN’S MOTION FOR SUMMARY JUDGMENT
`
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`Case 3:17-cv-05659-WHA Document 407-5 Filed 03/28/19 Page 2 of 2
`
`
`
`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 Plaintiff Finjan, Inc.’s Opposition to
`
`Defendant Juniper Networks, Inc.’s Motion to Strike Theories from Finjan’s Motion for Summary
`
`Judgment, and Motion to Amend.
`2.
`
`Attached hereto as Exhibit A is a true and correct copy of an email exchange between
`
`Finjan’s counsel and Juniper’s counsel, dated February 12, 2019, regarding Juniper’s failure to make
`
`source code for Juniper’s ATP Appliance available earlier in the case, including tools for accessing the
`
`code.
`
`3.
`
`Attached hereto as Exhibit B is a true and correct copy of an email exchange between
`
`Finjan’s counsel and Juniper’s counsel, dated March 3, 2019, to March 6, 2019, regarding Juniper’s
`
`untimely production of information relating to
`
` which was requested more than one year
`
`prior to its production.
`4.
`
`Attached hereto as Exhibit C is a true and correct copy of excerpts from Plaintiff Finjan,
`
`Inc.’s First Set of Requests for Production of Documents to Defendant Juniper Networks, Inc. (Nos. 1-
`
`60), including Request No. 38, served on February 23, 2018.
`5.
`
`Attached hereto as Exhibit D is a true and correct copy of Plaintiff Finjan, Inc.’s Third
`
`Set of Requests for Production of Documents to Defendant Juniper Networks, Inc. (Nos. 87-97),
`
`served on July 11, 2018.
`
` declare under penalty of perjury under the laws of the United States that the foregoing is true
`
` I
`
`and correct. Executed on March 28, 2019 in Menlo Park, California.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Kristopher Kastens
`
`Kristopher Kastens
`
`1
`____________________________________________________________________________________
`KASTENS DECL. IN SUPPORT OF FINJAN’S
` CASE NO.: 3:17-cv-05659-WHA
`OPP. TO JUNIPER’S MOTION TO STRIKE THEORIES
`FROM FINJAN’S MOTION FOR SUMMARY JUDGMENT
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