`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 1 of 17
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`EXHIBIT 3
`EXHIBIT 3
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 2 of 17
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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 FRANCICO 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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`Defendant.
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`Case No.: 3:17-cv-05659-WHA
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`PLAINTIFF FINJAN, INC.’S FIRST SET
`OF REQUESTS FOR PRODUCTION OF
`DOCUMENTS TO DEFENDANT
`JUNIPER NETWORKS, INC. (NOS. 1-60)
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`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 3 of 17
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`Plaintiff Finjan, Inc. (“Finjan”), by counsel, and pursuant to Federal Rule of Civil Procedure
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`33, hereby requests that Defendant Juniper Networks Inc. (“Juniper”) produce the following
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`documents for inspection and copying within thirty (30) days of the date of service of these requests at
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`the offices of Kramer Levin Naftalis & Frankel LLP, 990 Marsh Road in Menlo Park, California
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`94025, in accordance with the following Definitions and Instructions. These requests impose a
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`continuing duty upon Juniper to supplement promptly in accordance with Federal Rule of Civil
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`Procedure 26(e) and the Local Rules of the Northern District of California as Juniper becomes aware
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`of, generates, or acquires additional knowledge or information responsive to these requests.
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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 participated or now participate in any manner.
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`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.
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`3.
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`The term “third party” shall mean any person or entity other than Finjan or Defendant.
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`4.
`case, filed on September 29, 2017, and any subsequently filed amended complaints. See Dkt. No. 1.
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`The term “Complaint” shall refer to Finjan’s Complaint for Patent Infringement in this
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`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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`1
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 4 of 17
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`6.
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`The term “Accused Instrumentalities” shall include the following Juniper products and
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`services: Defendant’s SRX Gateways including the: SRX110; SRX220; SRX300; SRX550; SRX1400;
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`SRX1500; SRX3400; SRX3600; SRX4000; SRX5400; SRX5600; and SRX5800 gateway appliances,
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`as well as the vSRX Virtual Firewall and cSRX Container Firewall (collectively, “SRX Gateways”) as
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`described in the Complaint, including but not limited to at Exhibit 9 and paragraphs 43-52;
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`Defendant’s Sky Advanced Threat Protection or “Sky ATP” and Advanced Threat Protection
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`Appliance, as described in the Complaint, including but not limited to at Exhibit 10 and paragraphs 43-
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`52; Defendant’s Junos Space Security Director, as described in the Complaint, including but not
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`limited to at Exhibit 16 and paragraphs 43-52; and Defendant’s Contrail, as described in the
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`Complaint, including but not limited to at Exhibit 17 and paragraphs 43-52. The term “Accused
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`Instrumentalities” shall also include any and all previous or currently contemplated versions, revisions,
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`releases, or continuations of said Juniper products and services, and all additional products accused of
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`infringement by Finjan in this action in infringement contentions or similar pleadings.
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`7.
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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.
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`8.
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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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`2
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 5 of 17
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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.
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`9.
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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.
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`10.
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`11.
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`The term “thing” shall mean any tangible object, other than a document.
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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.
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`12.
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`13.
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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.
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`14.
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`15.
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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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`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 6 of 17
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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.
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`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:
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`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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`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 7 of 17
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`a.
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`b.
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`c.
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`d.
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`e.
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`f.
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`g.
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`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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`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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`REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS
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`REQUEST FOR PRODUCTION NO. 1:
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`All documents, communications, or things relating to Finjan and its patents.
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`REQUEST FOR PRODUCTION NO. 2:
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`All documents, communications, or things relating to the Asserted Patents, including documents
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`or communications with third parties.
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`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 8 of 17
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`REQUEST FOR PRODUCTION NO. 3:
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`All documents, communications, or things relating to the timing and circumstances of the
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`moment You first became aware of each of the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 4:
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`All documents, communications, or things relating to any investigation or analysis You
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`performed of any of the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 5:
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`Documents, communications, or things sufficient to show the infringement or non-infringement
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`of the Asserted Patents by You or any other person or entity, including but not limited to, all
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`documents, communications, or things relating to Your efforts to assess the validity, infringement, or
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`enforceability of the Asserted Patents or to design around or avoid infringing the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 6:
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`Documents, communications, or things sufficient to show the alleged non-infringing
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`alternatives to the inventions of the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 7:
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`Documents, communications, or things sufficient to show any alleged prior art to, or searches
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`for prior art, regarding the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 8:
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`Documents, communications, or things sufficient to show the scope, patentability, novelty,
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`validity, invalidity, enforceability, or unenforceability of any claim of the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 9:
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`Documents, communications, or things sufficient to show any secondary consideration or other
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`objective evidence of non-obviousness of the Asserted Patents, including but not limited to any long-
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`felt need, failure of others, commercial success, copying of the claimed invention by others,
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`unexpected or superior results from the claimed invention, licensing or praise by others, criticism by
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`others, or any other objective indicia of non-obviousness.
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`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 9 of 17
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`REQUEST FOR PRODUCTION NO. 10:
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`All documents, communications, or things related to Your reliance on the advice of counsel as a
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`defense to Finjan’s claim that You willfully infringed and continue to willfully infringe the Asserted
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`Patents.
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`REQUEST FOR PRODUCTION NO. 11:
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`All documents, communications, or things relating to the design, development, structure,
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`architecture, testing, research, updating or operation for each of the Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 12:
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`All technical and marketing documents, communications, or things discussing or regarding the
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`components of the Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 13:
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`All documents, communications, or things relating to any database or database schema relating
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`to, created for, referenced by, or used by any of the Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 14:
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`All documents, communications, or things relating to any presentations, overviews, technical
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`overviews, power point slides, or briefing related to any of the Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 15:
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`All documents, communications, or things relating to any API (Application Program Interface)
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`specifications, functional specifications, flow charts, architecture diagrams, or design documents related
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`to any of the Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 16:
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`Copies of the source code for each of the Accused Instrumentalities, including but not limited
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`to, all past and present releases, versions, updates, or upgrades.
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`REQUEST FOR PRODUCTION NO. 17:
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`Working copies of the most recent version of each of the Accused Instrumentalities.
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`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 10 of 17
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`REQUEST FOR PRODUCTION NO. 18:
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`Documents, communications, or things sufficient to show the in-licensing or out-licensing of
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`patents or technology related to the Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 19:
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`Documents, communications, or things sufficient to show the first offer for sale and sale of each
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`of the Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 20:
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`Documents, communications, or things sufficient to show any sales or revenue generated from
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`each of the Accused Instrumentalities from the year 2012 to the present.
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`REQUEST FOR PRODUCTION NO. 21:
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`Documents, communications, or things sufficient to show the sales or revenue forecasts for each
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`of the Accused Instrumentalities generated in the past six (6) years, which forecast sales or revenue for
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`the year 2012 or any year past 2012.
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`REQUEST FOR PRODUCTION NO. 22:
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`Documents, communications, or things sufficient to show the market share of each of the
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`Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 23:
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`Documents, communications, or things sufficient to show the pricing of each of the Accused
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`Instrumentalities from the year 2012 to the present.
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`REQUEST FOR PRODUCTION NO. 24:
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`Documents, communications, or things sufficient to show the costs associated with of each of
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`the Accused Instrumentalities from the year 2012 to the present, including but not limited to,
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`production costs, marketing costs, distribution costs, research and development costs, advertising costs
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`and costs to update.
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`REQUEST FOR PRODUCTION NO. 25:
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`Documents, communications, or things sufficient to show the gross profits of each of the
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`Accused Instrumentalities from the year 2012 to the present.
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`8
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 11 of 17
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`REQUEST FOR PRODUCTION NO. 26:
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`Documents, communications, or things sufficient to show the net profits associated with each of
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`the Accused Instrumentalities from the year 2012 to the present.
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`REQUEST FOR PRODUCTION NO. 27:
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`Summaries of the revenue, sales, pricing, costs, gross profits, net profits, and market share of
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`each of the Accused Instrumentalities from the year 2012 to the present.
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`REQUEST FOR PRODUCTION NO. 28:
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`All documents, communications, or things related to any agreements between You and any
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`third party related to the development, testing, manufacture, distribution, sale, updating, or importation
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`of each of the Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 29:
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`Documents, communications, or things sufficient to show any marketing, advertising, or
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`promotion of each of the Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 30:
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`Documents, communications, or things sufficient to show any market reports, industry reports,
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`competitive analyses, surveys, or studies in the past six (6) years, related to the Accused
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`Instrumentalities, any of Your competitors, or any competing products of the Accused Instrumentalities,
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`including but not limited to any analyses relating to customer purchasing habits, desires, needs, or
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`preferences.
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`REQUEST FOR PRODUCTION NO. 31:
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`Documents, communications, or things sufficient to show any products or services sold, offered
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`for sale, marketed, or bundled with each of the Accused Instrumentalities from the year 2012 to the
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`present.
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`REQUEST FOR PRODUCTION NO. 32:
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`Documents, communications, or things sufficient to identify each of the Accused
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`Instrumentalities by type and model number, including any internal names used within Juniper for each
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`of the Accused Instrumentalities.
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`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 12 of 17
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`REQUEST FOR PRODUCTION NO. 33:
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`Documents, communications, or things sufficient to show the process by which You detect new
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`malware or security threats or update the Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 34:
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`Documents, communications, or things sufficient to show the location where the Accused
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`Instrumentalities are developed, tested, manufactured, distributed, sold, updated and imported.
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`REQUEST FOR PRODUCTION NO. 35:
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`Documents, communications, or things sufficient to show the operation, functionality, design,
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`development, testing, manufacturing, distribution, sale, updating and import of SRX Gateways (as
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`described in Finjan’s Complaint, including at Exhibit 9).
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`REQUEST FOR PRODUCTION NO. 36:
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`Documents, communications, or things sufficient to show the operation, functionality, design,
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`development, testing, manufacturing, distribution, sale, updating and import of Sky Advanced Threat
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`Protection (as described in Finjan’s Complaint, including at Exhibit 10).
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`REQUEST FOR PRODUCTION NO. 37:
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`Documents, communications, or things sufficient to show the operation, functionality, design,
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`development, testing, manufacturing, distribution, sale, updating and import of the malware inspection
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`pipeline in Sky Advanced Threat Protection (as described in Finjan’s Complaint, including at Exhibit
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`10).
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`REQUEST FOR PRODUCTION NO. 38:
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`Documents, communications, or things sufficient to show the operation, functionality, design,
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`development, testing, manufacturing, distribution, sale, updating and import of dynamic analysis
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`performed by the Sky Advanced Threat Protection (as described in Finjan’s Complaint, including at
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`Exhibit 10).
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`10
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 13 of 17
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`REQUEST FOR PRODUCTION NO. 39:
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`Documents, communications, or things sufficient to show the operation, functionality, design,
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`development, testing, manufacturing, distribution, sale, updating and import of static analysis performed
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`by the Sky Advanced Threat Protection (as described in Finjan’s Complaint, including at Exhibit 10).
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`REQUEST FOR PRODUCTION NO. 40:
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`Documents, communications, or things sufficient to show the operation, functionality, design,
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`development, testing, manufacturing, distribution, sale, updating and import of the cache in the malware
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`inspection pipeline of the Sky Advanced Threat Protection (as described in Finjan’s Complaint,
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`including at Exhibit 10).
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`REQUEST FOR PRODUCTION NO. 41:
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`Documents, communications, or things sufficient to show the operation, functionality, design,
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`development, testing, manufacturing, distribution, sale, updating and import of Junos Space Security
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`Director (as described in Finjan’s Complaint, including at Exhibit 16).
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`REQUEST FOR PRODUCTION NO. 42:
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`Documents, communications, or things sufficient to show to the operation, functionality,
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`design, development, testing, manufacturing, distribution, sale, updating and import of Contrail (as
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`described in Finjan’s Complaint, including at Exhibit 17).
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`REQUEST FOR PRODUCTION NO. 43:
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`Documents, communications, or things sufficient to show Your organizational structure with
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`respect to research, development, engineering, manufacture, assembly, testing, marketing, distribution,
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`sale, licensing, updating and importation of each of the Accused Instrumentalities, including
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`organizational charts.
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`REQUEST FOR PRODUCTION NO. 44:
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`All documents, communications, or things relating to the instant litigation.
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`REQUEST FOR PRODUCTION NO. 45:
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`All documents, communications, or things on which You intend to rely in support of or
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`opposition to any claim or defense in this litigation.
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`11
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 14 of 17
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`REQUEST FOR PRODUCTION NO. 46:
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`Documents, communications, or things sufficient to show Your policies or practices regarding
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`the retention or destruction of hard copy or electronic documents and hard copy or electronic versions of
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`source code.
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`REQUEST FOR PRODUCTION NO. 47:
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`All documents, communications, or things exchanged between You and any other person or
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`entity, relating to any litigation involving Finjan.
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`REQUEST FOR PRODUCTION NO. 48:
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`All documents, communications, or things exchanged between You and any other person or
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`entity, regarding any post-grant proceedings before the U.S. Patent and Trademark Office, including
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`but not limited to any reexamination or inter partes review proceedings, within the past six (6) years.
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`REQUEST FOR PRODUCTION NO. 49:
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`Documents, communications, or things sufficient to show any valuation, appraisal, offer, or any
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`other indication of Your economic value, within the past six (6) years.
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`REQUEST FOR PRODUCTION NO. 50:
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`Documents, communications, or things sufficient to show the billings and the revenues for the
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`Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 51:
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`Documents, communications, or things sufficient to show the number of users or unique users
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`and their geographic locations (e.g., United States vs. rest of world) for each release or version of the
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`Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 52:
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`Documents, communications, or things sufficient to show the pricing of licenses for users and/or
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`seats for the Accused Instrumentalities.
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`12
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`REQUEST FOR PRODUCTION NO. 53:
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`Documents, communications, or things sufficient to show any valuations performed by You or
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`on Your behalf of the Accused Instrumentalities, including any components, parts, and/or features of
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`such Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 54:
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`Documents, communications, or things sufficient to identify payments, revenues, or royalties
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`obtained by You from licensing the Accused Instrumentalities, including any components, parts, and/or
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`features of such Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 55:
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`Documents, communications, or things sufficient to show the number of scans or average
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`number of scans performed by the Accused Instrumentalities, including identification of the technology
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`or component thereof that is involved in the scan, and the geographic locations where the accused
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`instrumentalities perform these scans (e.g., United States vs. rest of the world) since the date of first sale.
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`REQUEST FOR PRODUCTION NO. 56:
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`Documents, communications, or things sufficient to show the number of scans or average
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`number of scans per hour, day, month or year or by license, seat or user or by geographic location since
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`the date of first sale through the present.
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`REQUEST FOR PRODUCTION NO. 57:
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`Documents, communications, or things sufficient to show the number and types of malware
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`detected by the Accused Instrumentalities (and each technology or component thereof) per hour, day,
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`month, or year since the date of first sale.
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`REQUEST FOR PRODUCTION NO. 58:
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`Documents, communications, or things sufficient to show Your tracking of the use of the
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`Accused Instrumentalities.
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`REQUEST FOR PRODUCTION NO. 59:
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`All documents, communications, or things relating to any surveys of Your customers regarding
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`You, Your products, and Your competitors’ products.
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`13
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 16 of 17
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`REQUEST FOR PRODUCTION NO. 60:
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`Documents, communications, or things sufficient to show any of Your business plans within
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`the past six (6) years.
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`
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`Dated: February 23, 2018
`
`
`By: /s/ Kristopher Kastens
`
`
`Paul J. Andre (State Bar. No. 196585)
`Lisa Kobialka (State Bar No. 191404)
`James Hannah (State Bar No. 237978)
`Kristopher Kastens (State Bar No. 254797)
`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
`
`
`
`
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`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 412-5 Filed 03/29/19 Page 17 of 17
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`
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`PROOF OF SERVICE
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`I, Steven D. Dennison, am employed in the Menlo Park, California office of Kramer Levin
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`Naftalis & Frankel LLP. I am over the age of 18 and not a party to the within action. My business
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`address is 990 Marsh Road, Menlo Park, California 94025. I am readily familiar with the firm’s
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`practice of collecting and processing of mail for mailing with the U.S. Postal Service and overnight
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`delivery services.
`
`On February 23, 2018, I caused the fo