Case 3:17-cv-05659-WHA Document 412-11 Filed 03/29/19 Page 1 of 10
`Case 3:17-cv-05659-WHA Document 412-11 Filed 03/29/19 Page 1 of 10
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`EXHIBIT 9
`EXHIBIT 9
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`Case 3:17-cv-05659-WHA Document 412-11 Filed 03/29/19 Page 2 of 10
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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
`
`Attorneys for Plaintiff
`FINJAN, INC.
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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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`Case No.: 3:17-cv-05659-WHA
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`PLAINTIFF FINJAN, INC.’S FOURTH SET
`OF INTERROGATORIES TO DEFENDANT
`JUNIPER NETWORKS, INC. (NO. 11-12)
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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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`Defendant.
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`FINJAN’S FOURTH SET OF INTERROGATORIES
`TO JUNIPER NETWORKS (NO. 11-12)
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`CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-11 Filed 03/29/19 Page 3 of 10
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`Plaintiff Finjan, Inc. (“Finjan”), by counsel, and pursuant to Federal Rules of Civil Procedure
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`26 and 33, hereby requests that Defendant Juniper Networks, Inc. (“Juniper” or “Defendant”) provide
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`verified answers to the following interrogatories separately, fully, and under oath within thirty (30)
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`days of the date of service of these interrogatories in accordance with the following Definitions and
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`Instructions. These interrogatories impose a continuing duty upon Defendant to promptly supplement
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`in accordance with Federal Rule of Civil Procedure 26(e) and the Local Rules of the Northern District
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`of California as Defendant becomes aware of, generates, or acquires additional knowledge or
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`information responsive to these interrogatories.
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`DEFINITIONS
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`1.
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`The terms “You,” “Your,” and “Defendant” shall mean Juniper Networks, Inc., Your
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`present and former directors, officers, employees, parent organization(s), subsidiary organization(s),
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`predecessors in interest, successors in interest, divisions, servants, agents, attorneys, consultants,
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`partners, associates, investigators, representatives, accountants, financial advisors, distributors and any
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`other person acting on Your behalf, pursuant to Your authority or subject to Your control, including
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`any and all joint ventures or other legal entities of any type whatsoever in which You own or owned
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`any interest, receive or received any payments, and/or participate or now participates in any manner.
`2.
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`The term “Finjan” shall mean Finjan, its present and former directors, officers,
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`employees, parent organization(s), subsidiary organization(s), predecessors in interest, successors in
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`interest, divisions, servants, agents, attorneys, consultants, partners, associates, investigators,
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`representatives, accountants, financial advisors, distributors and any other person acting on its behalf,
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`pursuant to its authority or subject to its control.
`3.
`4.
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`The term “third party” shall mean any person or entity other than Finjan or Defendant.
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`The term “Complaint” shall refer to Finjan’s Complaint for Patent Infringement in this
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`case, filed on August 16, 2017, and any subsequently filed amended complaints.
`5.
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`The term “Asserted Patents” shall mean U.S. Patent Nos.: 6,154,844 (“the ‘844
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`Patent”); 6,804,780 (“the ‘780 Patent”), 7,613,926 (“the ‘926 Patent”); 7,613,633 (“the ‘633 Patent”);
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`8,141,154 (“the ‘154 Patent”), and 8,677,494 (“the ‘494 Patent”), collectively.
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`FINJAN’S FOURTH SET OF INTERROGATORIES
`TO JUNIPER NETWORKS (NO. 11-12)
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`Case 3:17-cv-05659-WHA Document 412-11 Filed 03/29/19 Page 4 of 10
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`6.
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`The term “Accused Instrumentalities” shall include the Juniper products and services
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`identified in Finjan’s Initial Disclosure of Asserted Claims and Infringement Contentions and
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`supplements thereto, including all products listed under Patent L.R. 3-1, Exhibit A, or the attached
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`charts thereto, and any and all supplements or amendments thereto.
`7.
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`The term “Server” shall include any computer, computer system, distributed computer
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`system, or virtual system that hosts functionality, software, applications, and services, and includes
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`computers providing cloud-based processing functionality and to avoid any doubt, includes, but is not
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`limited to, the following types: scanning server, sandboxing server, API interface server, load
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`balancing server, application server, catalog server, communications server, computing server,
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`database server, file server, mail server, media sever, and web server.
`8.
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`The term “Database” shall include all systems, components, or modules that are “a
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`collection of interrelated data organized according to a database schema to serve one or more
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`applications” and to avoid any doubt, and irrespective of Juniper’s interpretation of “Database,”
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`includes, but is not limited to, the following: relational databases, RDBMS, SQL, MySQL, SQLite,
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`PostgresSQL, DB2, Oracle Database, Microsoft SQL server, NoSQL, key-value stores, REDIS,
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`DynamoDB, wide column stores, Cassandra, Scylla, HBase, document stores, MongoDB, Couchbase,
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`search engine databases, JSON stores, Elasticsearch, Splunk, and data stores.
`9.
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`The term “Asserted Claims” shall include claims 1, 15, and 41 of the ‘844 Patent,
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`claims 1 and 9 of the ‘780 Patent, claims 15 and 22 of the ‘926 Patent; claims 1, 8, 14, and 19 of the
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`‘633 Patent, claim 1 of the ‘154 Patent, and claims 10, 14, and 18 of the ‘494 Patent, and any claim
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`listed in Finjan’s Initial Disclosure of Asserted Claims and Infringement Contentions and supplements
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`thereto.
`10.
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`The term “prior art” shall refer to all publications, patents, physical devices, prototypes,
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`products, manufactures, uses, sales, offers for sale, imports, or other activities concerning the subject
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`matter of the Asserted Patents and existing on or occurring at a date such as to be relevant under any
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`subdivision of 35 U.S.C. §§ 102 or 103.
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`Case 3:17-cv-05659-WHA Document 412-11 Filed 03/29/19 Page 5 of 10
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`11.
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`The term “person” or “entity” shall refer to any individual, corporation, proprietorship,
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`association, joint venture, company, partnership, or other business or legal entity, including
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`governmental bodies and agencies. The masculine includes the feminine and vice versa; the singular
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`includes the plural and vice versa.
`12.
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`The term “document(s)” shall have the broadest meaning ascribed to it by Federal Rule
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`of Civil Procedure 34 and Federal Rule of Evidence 1001, and shall include within its meaning any and
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`all papers, videotapes or video recordings, photographs, films, recordings, memoranda, books, records,
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`accounts, letters, telegrams, correspondence, notes of meetings, notes of conversations, notes of
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`telephone calls, inter-office memoranda or written communications of any nature, recordings of
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`conversations either in writing or by means of any mechanical or electrical recording device, notes,
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`papers, reports, analyses, invoices, canceled checks or check stubs, receipts, minutes of meetings, time
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`sheets, diaries, desk calendars, ledgers, schedules, licenses, financial statements, telephone bills, logs,
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`and any differing versions of the foregoing whether denominated formal, informal, or otherwise, as
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`well as copies of the foregoing which differ in any way, including handwritten notations or other
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`written or printed matter of any nature, from the original. The foregoing specifically includes the
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`information stored in any form, including electronic form, on a computer or in a computer database or
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`otherwise, including electronic mail. Moreover, the term “document” shall also include all “technical
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`documents,” such as source code, specifications, schematics, flow charts, artwork, drawings, pictures,
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`pictorial representations, formulas, troubleshooting guides, service bulletins, technical bulletins,
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`production specification sheets, white papers, operator manuals, operation manuals, and instruction
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`manuals.
`13.
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`The term “communication” shall mean, including its usual and customary meaning, any
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`transmission, conveyance or exchange of a word, statement, fact, thing, idea, document, instruction,
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`information, demand, or question by any medium, whether by written, oral, or other means, including,
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`but not limited to, electronic communications and electronic mail.
`14.
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`The term “thing” shall mean any tangible object, other than a document.
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`Case 3:17-cv-05659-WHA Document 412-11 Filed 03/29/19 Page 6 of 10
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`15.
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`The terms “relate to,” “reflecting,” “relating to,” “concerning,” or any variations
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`thereof, shall mean relating to, referring to, concerning, mentioning, reflecting, regarding, pertaining
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`to, evidencing, involving, describing, discussing, commenting on, embodying, responding to,
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`supporting, contradicting, or constituting (in whole or in part), or are between (as in the context of
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`communications), as the context makes appropriate.
`16.
`17.
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`The term “including” shall mean including but not by way of limitation.
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`The words “and” and “or” shall be construed conjunctively or disjunctively in a manner
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`making the request inclusive rather than exclusive.
`18.
`19.
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`The term “any” shall mean “any and all” and the term “all” shall mean “any and all.”
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`The singular of any word or phrase shall include the plural of such word or phrase, and
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`the plural of any word or phrase shall include the singular of such word or phrase.
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`INSTRUCTIONS
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`1.
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`In answering the following requests, please furnish all available information including
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`information in the possession, custody, or control of any of Defendant’s attorneys, directors, officers,
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`agents, employees, representatives, associates, investigators, divisions, affiliates, partnerships, parents,
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`subsidiaries, and persons under Defendant’s control who have the best knowledge, not merely
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`information known to Defendant based on Defendant’s own personal knowledge. If You cannot fully
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`respond to the following requests after exercising due diligence to secure the information requested
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`thereby, so state, and specify the portion of each request that cannot be responded to fully and
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`completely. In the latter event, state what efforts were made to obtain the requested information and
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`the facts relied upon that support the contention that the request cannot be answered fully and
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`completely, and state what knowledge, information, or belief Defendant has concerning the
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`unanswered portion of any such request.
`2.
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`All documents must be produced in accordance with the requirements of Federal Rule
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`of Civil Procedure 34(b) and per the following instructions:
`a.
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`Electronic records and computerized information shall be produced in an
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`intelligible format, together with a description of the system from which they
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`were derived sufficient to permit rendering the records and information
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`intelligible;
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`b.
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`Selection of documents from the files and other sources and the numbering of
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`such documents shall be performed in such a manner as to ensure that the source
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`of each document can be determined;
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`c.
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`d.
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`File folders with tabs or labels or directories of files identifying documents shall
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`be produced intact with such documents;
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`Documents attached to each other shall not be separated. All documents that
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`respond, in whole or in part, to any portion of any request shall be produced in
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`their entirety, including all addenda, appendices, attachments and enclosures.
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`3.
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`If any information requested is claimed to be privileged or otherwise, provide all
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`information falling within the scope of the request that is not privileged, and for each item of
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`information contained in a document to which a claim of privilege is made, identify such document
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`with sufficient particularity for purposes of a motion to compel, such identification to include at least
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`the following:
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`a.
`b.
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`c.
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`d.
`e.
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`f.
`g.
`h.
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`the basis on which the privilege is claimed;
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`the names and positions of the author of the document and all other persons
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`participating in the preparation of the document;
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`the name and position of each individual or other person to whom the document,
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`or a copy thereof, was sent or otherwise disclosed;
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`the date of the document;
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`a description of any accompanying material transmitted with or attached to such
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`document;
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`the number of pages in such document;
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`the particular request to which such document is responsive; and
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`whether any business or non-legal matter is contained or discussed in such
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`document.
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`Case 3:17-cv-05659-WHA Document 412-11 Filed 03/29/19 Page 8 of 10
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`4.
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`If Defendant’s response to a particular request is a statement that Defendant lacks the
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`ability to comply with that request, Defendant shall specify whether the inability to comply is because
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`the particular item or category of information never existed, has been destroyed, has been lost,
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`misplaced, or stolen, or has never been, or is no longer in the possession, custody, or control of
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`Defendant, in which case Defendant shall identify the name and address of any person or entity known
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`or believed by Defendant to have possession, custody, or control of that information or category of
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`information.
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`INTERROGATORY NO. 11:
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`INTERROGATORIES
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`For each of the Accused Instrumentalities, identify and describe any and all Servers that are
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`owned, used, or operated, directly or indirectly, by Juniper, including Servers that Juniper operates as a
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`result of a contract with a third party, such as Amazon Web Services, Rackspace, Microsoft Azure or
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`other cloud computing platforms, and which host any portion, component, or module of an Accused
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`Instrumentality, or that provide support to the Accused Instrumentality, including through updates to the
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`software, rules, or definitions of the Accused Instrumentalities; such identification and description
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`should at least include what portion, component, or module of the Accused Instrumentality is hosted on
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`that Server, the function of the portion, component, or module of the Accused Instrumentality, the
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`geographic location of the Server, and identification of whether the Server is operated by a third party,
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`and if so, the contract governing Juniper’s relationship with the that third party identified by document
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`production number.
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`INTERROGATORY NO. 12:
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`For each of the Accused Instrumentalities, identify and describe all Databases that are
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`incorporated or used, either directly or indirectly, by the Accused Instrumentalities; such identification
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`and description should at least include the type of database, what type and category of information the
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`Database stores, where geographically the Database is located, any code or internal names for the
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`Database, and a description of how the Database is organized.
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`Case 3:17-cv-05659-WHA Document 412-11 Filed 03/29/19 Page 9 of 10
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`Dated: April 27, 2018
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`By: /s/ Kristopher Kastens
`Paul J. Andre
`Lisa Kobialka
`James Hannah
`Kristopher Kastens
`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.
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`FINJAN’S FOURTH SET OF INTERROGATORIES
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`Case 3:17-cv-05659-WHA Document 412-11 Filed 03/29/19 Page 10 of 10
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`PROOF OF SERVICE
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`I, Karen Strong, am employed in the Menlo Park, California office of Kramer Levin Naftalis &
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`Frankel LLP. I am over the age of 18 and not a party to the within action. My business address is 990
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`Marsh Road, Menlo Park, California 94025. I am readily familiar with the firm’s practice of collecting
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`and processing of mail for mailing with the U.S. Postal Service and overnight delivery services.
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`On April 27, 2018, I caused the following document(s) to be served:
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`PLAINTIFF FINJAN, INC.’S FOURTH SET OF INTERROGATORIES
`TO DEFENDANT JUNIPER NETWORKS, INC. (NO. 11-12)
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`by electronic mail, addressed as follows:
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`Jonathan S. Kagan
`Joshua P. Glucoft
`Casey M. Curran
`Sharon Song
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`jkagan@irell.com
`jglucoft@irell.com
`ccurran@irell.com
`ssong@irell.com
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`Rebecca Lyn Carson
`Kevin X. Wang
`Irell & Manella LLP
`840 Newport Center Dr., Suite 400
`Newport Beach, CA 92660
`rcarson@irell.com
`kwang@irell.com
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`I declare under penalty of perjury that the foregoing is true and correct. Executed on April 27,
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`2018, in Menlo Park, California.
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`
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`__________________________
` Karen Strong
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