`Case 3:17-cv-05659-WHA Document 412-20 Filed 03/29/19 Page 1 of 4
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`EXHIBIT 18
`EXHIBIT 18
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`Case 3:17-cv-05659-WHA Document 412-20 Filed 03/29/19 Page 2 of 4
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Before The Honorable WILLIAM H. ALSUP, Judge
`
`FINJAN, INC., a Delaware ) Motions for Judgment as a
`Corporation, ) Matter of Law
` )
` Plaintiff, )
` )
` vs. ) NO. C 17-05659 WHA
` )
`JUNIPER NETWORKS, INC., A ) Pages 1 - 33
`Delaware Corporation, )
` ) San Francisco, California
` Defendant. )
`____________________________) Thursday, February 21, 2019
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`REPORTER'S TRANSCRIPT OF PROCEEDINGS
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`APPEARANCES:
`
`For Plaintiff: Kramer Levin Naftalis & Frankel LLP
` 990 Marsh Road
` Menlo Park, California 94025
` BY: PAUL ANDRE,
` KRISTOPHER B. KASTENS,
` LISA KOBIALKA, ATTORNEYS AT LAW
`
`
`For Defendant: Irell & Manella
` 840 Newport Center Drive, Suite 500
` Newport Beach, California 92660-6324
` BY: REBECCA L. CARSON, ATTORNEY AT LAW
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` Irell & Manella LLP
` 1800 Avenue of the Stars
` Suite 900
` Los Angeles, California 90067-4275
` BY: JONATHAN S. KAGAN, ATTORNEY AT LAW
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`
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`Reported By: Raynee H. Mercado, CSR No. 8258
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`Proceedings reported by electronic/mechanical stenography;
`transcript produced by computer-aided transcription.
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`RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR (510) 565-7228
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`CERTIFIED COPY
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`Case 3:17-cv-05659-WHA Document 412-20 Filed 03/29/19 Page 3 of 4
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`are. We've gone through a trial and hit at every turn,
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`everyone has got to litigate everything to the nth degree.
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`And there's just not time in the universe for all of that.
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`I could have decided this on the papers and just either
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`granted it or denied it, but I'm giving you each a shot at
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`something.
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`And then we got to -- we got case management to talk about
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`after that. You all want to certify it to the Court of
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`Appeals. Then you're going to want to go to the International
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`Court of the Hague. At some point, this has got to stop.
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`All right. So who wants to go first?
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`MR. KASTENS: Your Honor --
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`THE COURT: Let's hear from you, Finjan.
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`MR. KASTENS: Finjan would like to discuss its JMOL
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`request for a finding of infringement. We've -- we've --
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`THE COURT: What's your point?
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`MR. KASTENS: The point is that the arguments that
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`their expert made of -- regarding non-infringement are legally
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`irrelevant, contradicted by their own documents, and did not
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`address --
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`THE COURT: Not true. That is not true. I want you
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`to know this: It is true that along the way, I thought
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`that -- I thought that you had a strong case on infringement.
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`I was wrong about that.
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`Mr. Kagan gave one of the best closing arguments, and it
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`RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR (510) 565-7228
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`Case 3:17-cv-05659-WHA Document 412-20 Filed 03/29/19 Page 4 of 4
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`4
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`was not theatrics, but it was just calm, dispassionate
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`explanation of a -- of points that I had not focused on that
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`were your burden of proof, but he pointed it out. And I was
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`very convinced at the end of that that he was right and that
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`you had been wrong from the get-go on infringement.
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`So those statements that I made along the way about how
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`I -- that was just -- I was just drawn in by your smoke and
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`mirrors. That's all that happened on that.
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`And Mr. Kagan, I compliment him for an excellent closing
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`argument. I thought he was -- he was -- his one of the best
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`I've heard in the U. S. District Court in a long time. And it
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`wasn't because it was emotional. It was just good, calm
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`explanation of something that was complicated. And then
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`finally the scales fell from my eyes. So I don't agree with
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`you on that point.
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`I am not going to grant that motion. I'm just going to
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`save you some time. You're not going to win that motion.
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`All right. What is the point you want to raise.
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`MS. CARSON: Sure, Your Honor.
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`So we're asking a judgment as a matter of law on the
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`notice issue. The notice issues that were tried were not
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`decided by verdict because the jury found no infringement.
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`However, the notice issue implicates many of the other patents
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`in this case.
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`THE COURT: Yeah, but we only tried the one patent.
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`RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR (510) 565-7228
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