Case 3:17-cv-05659-WHA Document 412-1 Filed 03/29/19 Page 1 of 5
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`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.
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`
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`FINJAN, INC., a Delaware Corporation,
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`Plaintiff,
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`v.
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`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
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`
`
`
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`Defendant.
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`Case No.: 3:17-cv-05659-WHA
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`DECLARATION OF KRISTOPHER
`KASTENS IN SUPPORT OF PLAINTIFF
`FINJAN, INC.’S NOTICE OF MOTION
`AND MOTION FOR RELIEF FROM
`JUDGMENT PURSUANT TO FED. R. CIV.
`P. 60(B)
`
`May 9, 2019
`
`Date:
`8:00 a.m.
`Time:
`Courtroom: Courtroom 12, 19th Floor
`Before:
`Hon. William Alsup
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`
`
`
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
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` CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-1 Filed 03/29/19 Page 2 of 5
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`I, Kristopher Kastens, declare:
`1.
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`I am an attorney with the law firm Kramer Levin Naftalis & Frankel LLP, counsel of
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`record for Finjan, Inc. (“Finjan”). I have personal knowledge of the facts stated herein and can testify
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`competently to those facts. I make this declaration in support of Plaintiff Finjan, Inc.’s Motion for
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`Relief from Judgment Pursuant to Fed. R. Civ. P. 60(b).
`2.
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`Counsel for Finjan also conducted a search for public documents relating to the
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`functionality or use of the Joe Sandbox component, including specifically searching for any Joe
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`Sandbox or Joe Security user guide. Counsel searched on Juniper’s website and Joe Security’s
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`website, and also conducted various searches using Google. For example, the search for “joe sandbox”
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`AND “user guide” returned about 16,600 results on Google, and counsel reviewed the first five pages
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`of results without finding any user guides. None of these searches yielded any of the twelve
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`documents that Juniper produced on February 4, 2019. None of these searches yielded documents
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`describing a database within Joe Sandbox.
`3.
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`Counsel for Finjan met and conferred on March 8, 2019, with counsel for Juniper
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`regarding the Joe Sandbox documents that were produced on February 4, 2019. I asked if Juniper had
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`previously produced the same documents in another form. Counsel could not answer. I asked what
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`Juniper’s basis was for withholding these documents. Counsel stated that Juniper had not located the
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`documents and that Finjan could have either subpoenaed Joe Security LLC for the documents or asked
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`for them informally. Juniper’s counsel did not state that the documents were outside Juniper’s
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`possession, custody, or control at any time.
`4.
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`Attached hereto as Exhibit 1 is a true and correct copy of a user guide entitled “Joe
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`Sandbox User Guide” produced by Juniper Networks, Inc. (“Juniper”), bearing Bates numbers JNPR-
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`FNJN_29043_01517141 – 53.
`5.
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`Attached hereto as Exhibit 2 is a true and correct copy of a user guide entitled “Joe
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`Sandbox Interface Guide” produced by Juniper, bearing Bates numbers JNPR-FNJN_29043_01517201
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`– 13.
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
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`Case 3:17-cv-05659-WHA Document 412-1 Filed 03/29/19 Page 3 of 5
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`6.
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`Attached hereto as Exhibit 3 is a true and correct copy of Plaintiff Finjan, Inc.’s First
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`Set of Requests for Production of Documents to Defendant Juniper Networks, Inc. (Nos. 1-60), served
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`on February 23, 2018.
`7.
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`Attached hereto as Exhibit 4 is a true and correct copy of pages 2-8, 30-32, and 78-80
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`from Defendant Juniper Networks, Inc.’s Response to Plaintiff Finjan, Inc.’s First Set of Requests for
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`Production, served on March 26, 2018.
`8.
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`Attached hereto as Exhibit 5 is a true and correct copy of Plaintiff Finjan, Inc.’s Third
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`Set of Requests for Production of Documents to Defendant Juniper Networks, Inc. (Nos. 87-97),
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`served on July 11, 2018.
`9.
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`Attached hereto as Exhibit 6 is a true and correct copy of Defendant Juniper Networks,
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`Inc.’s Response to Plaintiff Finjan, Inc.’s Third Set of Requests for Production (Nos. 87-97), served on
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`August 10, 2018.
`10.
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`Attached hereto as Exhibit 7 is a true and correct copy of the license agreement between
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`Joe Security LLC and Juniper Networks, Inc. produced by Juniper, bearing Bates numbers JNPR-
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`FNJN_29035_00962471 – 99.
`11.
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`Attached hereto as Exhibit 8 is a true and correct copy of pages 73, 76-77, 126, 155-
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`157, 163, and 261-269 from the transcript of the deposition of Yuly Tenorio, taken on May 9, 2018.
`12.
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`Attached hereto as Exhibit 9 is a true and correct copy of Plaintiff Finjan, Inc.’s Fourth
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`Set of Interrogatories to Defendant Juniper Networks, Inc. (No. 11-12), served on April 27, 2018.
`13.
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`Attached hereto as Exhibit 10 is a true and correct copy of Defendant Juniper Networks,
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`Inc.’s Response to Plaintiff Finjan, Inc.’s Fourth Set of Interrogatories, served on May 29, 2018.
`14.
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`Attached hereto as Exhibit 11 is a true and correct copy of pages 33 and 34 from the
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`transcript of the deposition of Chandra Nagarajan, taken on May 31, 2018.
`15.
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`Attached hereto as Exhibit 12 is a true and correct copy of page 201 from the transcript
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`of the deposition of Raju Manthena, taken on May 30, 2018.
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
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`Case 3:17-cv-05659-WHA Document 412-1 Filed 03/29/19 Page 4 of 5
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`16.
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`Attaxhed hereto as Exhibit 13 is a true and correct copy of an email exchange produced
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`by Juniper, bearing Bates numbers JNPR-FNJN_29040_01462103 – 04, and JNPR-
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`FNJN_29040_01462115 – 43.
`17.
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`Attached hereto as Exhibit 14 is a true and correct copy of the correspondence letter
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`addressed to Johnathan Kagan, counsel for Juniper, from myself, counsel for Finjan, regarding
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`discovery items, dated December 17, 2018.
`18.
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`Attached hereto as Exhibit 15 is a true and correct copy of an email exchange between
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`counsel for Juniper, and counsel for Finjan, dated January 2, 2019 regarding discovery issues.
`19.
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`Attached hereto as Exhibit 16 is a true and correct copy of pages 742 and 743 from the
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`transcript of Trial proceedings held on December 13, 2018.
`20.
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`Attached hereto as Exhibit 17 is a true and correct copy of pages 931 and 932 from the
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`transcript of Trial proceedings held on December 14, 2018.
`21.
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`Attached hereto as Exhibit 18 is a true and correct copy of pages 3 and 4 from the
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`transcript of proceedings held on February 21, 2019.
`22.
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`Attached hereto as Exhibit 19 is a true and correct copy of an email exchange between
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`counsel for Juniper, and counsel for Finjan, dated March 6, 2019, regarding a meet and confer amongst
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`the parties regarding Joe Sandbox.
`23.
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`Attached hereto as Exhibit 20 is a true and correct copy of pages 16 and 76 from the
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`transcript of proceedings held on December 4, 2018.
`24.
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`Attached hereto as Exhibit 21 is a true and correct copy of pages 2-8, and 38-42 from
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`Defendant Juniper Networks, Inc.’s First Supplemental Response to Plaintiff Finjan, Inc.’s First Set of
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`Requests for Production, served on June 18, 2018.
`25.
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`Attached hereto as Exhibit 22 is a true and correct copy of the clip report from the
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`deposition transcript of Shelly Gupta, taken on December 7, 2018, played at the December 13, 2018,
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`Trial date.
`26.
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`Attached hereto as Exhibit 23 is a true and correct copy of Trial Exhibit 490, marked as
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`Exhibit 12 at the deposition of Shelly Gupta, taken on December 7, 2018.
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
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`Case 3:17-cv-05659-WHA Document 412-1 Filed 03/29/19 Page 5 of 5
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`27.
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`Attached hereto as Exhibit 24 is a true and correct copy of Trial Exhibit 494, marked as
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`Exhibit 16 at the deposition of Shelly Gupta, taken on December 7, 2018.
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`I declare under penalty of perjury under the laws of the United States of America that each
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`of the above statements is true and correct. Executed on March 29, 2019, in Menlo Park,
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`California.
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`/s/ Kristopher Kastens
` Kristopher Kastens
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`ATTESTATION PURSUANT TO L.R. 5-1(I)
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`In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
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`document has been obtained from any other signatory to this document.
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`/s/ Lisa Kobialka
`Lisa Kobialka
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
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