Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 1 of 38
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`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`(jkagan@irell.com)
`Joshua P. Glucoft (SBN 301249)
`(jglucoft@irell.com)
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone: (310) 277-1010
`Facsimile: (310) 203-7199
`
`Rebecca L. Carson (SBN 254105)
`(rcarson@irell.com)
`Kevin Wang (SBN 318024)
`(kwang@irell.com)
`840 Newport Center Drive, Suite 400
`Newport Beach, California 92660-6324
`Telephone: (949) 760-0991
`Facsimile: (949) 760-5200
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`Attorneys for Defendant
`JUNIPER NETWORKS, INC.
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`FINJAN, INC.,
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`Plaintiff,
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`vs.
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`JUNIPER NETWORKS, INC.,
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`Defendant.
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`Case No. 3:17-cv-05659-WHA
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`JUNIPER NETWORKS, INC.’S ANSWER
`TO FINJAN, INC.’S COMPLAINT FOR
`PATENT INFRINGEMENT AND
`COUNTER-CLAIMS
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`DEMAND FOR JURY TRIAL
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`Action filed: September 29, 2017
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`10451943
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`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 2 of 38
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`Defendant Juniper Networks, Inc. (“Juniper”) hereby submits this Answer to the
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`Complaint for Patent Infringement (Dkt. No. 1, the “Complaint”) of plaintiff Finjan, Inc.
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`(“Finjan”) as follows.
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`THE PARTIES
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`1.
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`Juniper is without knowledge sufficient to form a belief as to the truth or falsity of
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`the allegations contained in paragraph 1 of the Complaint, and therefore Juniper denies these
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`allegations.
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`2.
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`Juniper admits that it is a corporation organized and existing under the laws of the
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`State of Delaware, having a place of business at 1133 Innovation Way, Sunnyvale, California
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`94089. Juniper admits that, for purposes of this action, Juniper may be served through its agent
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`for service of process, CT Corporation System, at 717 W. 7th Street, Suite 930, Los Angeles,
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`California 90017. To the extent paragraph 2 of the Complaint may be construed as containing
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`additional allegations, Juniper denies such allegations.
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`JURISDICTION AND VENUE
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`3.
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`Juniper admits that the Complaint purports to set forth claims for patent
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`infringement under 35 U.S.C. § 101 et seq. Juniper further admits that jurisdiction is allegedly
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`based on 28 U.S.C. §§ 1331 and 1338. Except as expressly admitted herein, Juniper denies each
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`and every allegation contained in paragraph 3 of the Complaint.
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`4.
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`Juniper admits, for purposes of this lawsuit only, that venue is proper in this
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`District.
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`5.
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`Juniper admits that this Court has personal jurisdiction over Juniper. Juniper
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`admits that it regularly and continuously does business in this District. Except as expressly
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`admitted herein, Juniper denies each and every allegation contained in paragraph 5 of the
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`Complaint.
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`INTRADISTRICT ASSIGNMENT
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`6.
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`Juniper admits that, pursuant to Civil Local Rule 3-2(c), this action is properly
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`assigned on a district-wide basis because the Complaint purports to allege claims for patent
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`infringement.
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`10451943
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`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 3 of 38
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`FINJAN’S [ALLEGED] INNOVATIONS
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`7.
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`Juniper is without knowledge sufficient to form a belief as to the truth or falsity of
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`the allegations contained in paragraph 7 of the Complaint, and therefore Juniper denies these
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`allegations.
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`8.
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`Juniper is without knowledge sufficient to form a belief as to the truth or falsity of
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`the allegations contained in paragraph 8 of the Complaint, and therefore Juniper denies these
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`allegations.
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`THE ASSERTED PATENTS
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`9.
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`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
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`6,154,844 (“the ‘844 Patent”) was attached to the Complaint as Exhibit 1. Juniper admits that
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`Exhibit 1 bears on its face the title “System And Method For Attaching A Downloadable Security
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`Profile To A Downloadable.” Juniper admits that Exhibit 1 states on its face that the alleged
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`invention was invented by Shlomo Touboul and Nachshon Gal. Juniper denies that the ‘844
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`Patent was duly or legally issued. Except as expressly admitted herein, Juniper is without
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`knowledge or information sufficient to form a belief as to the truth or falsity of the allegations
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`contained in paragraph 9 of the Complaint, and therefore Juniper denies these allegations.
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`10.
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`Juniper is without knowledge or information sufficient to form a belief as to the
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`truth or falsity of the allegations contained in paragraph 10 of the Complaint, and therefore Juniper
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`denies these allegations.
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`11.
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`Juniper denies each and every allegation contained in paragraph 11 of the
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`Complaint.
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`12.
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`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
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`6,804,780 (“the ‘780 Patent”) was attached to the Complaint as Exhibit 2. Juniper admits that
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`Exhibit 2 bears on its face the title “System And Method For Protecting A Computer And A
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`Network From Hostile Downloadables.” Juniper admits that Exhibit 2 states on its face that the
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`alleged invention was invented by Shlomo Touboul. Juniper denies that the ‘780 Patent was duly
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`or legally issued. Except as expressly admitted herein, Juniper is without knowledge or
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`10451943
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`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
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`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 4 of 38
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`information sufficient to form a belief as to the truth or falsity of the allegations contained in
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`paragraph 12 of the Complaint, and therefore Juniper denies these allegations.
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`13.
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`Juniper is without knowledge or information sufficient to form a belief as to the
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`truth or falsity of the allegations contained in paragraph 13 of the Complaint, and therefore Juniper
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`denies these allegations.
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`14.
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`Juniper denies each and every allegation contained in paragraph 14 of the
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`Complaint.
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`15.
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`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
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`7,647,633 (“the ‘633 Patent”) was attached to the Complaint as Exhibit 3. Juniper admits that
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`Exhibit 3 bears on its face the title “Malicious Mobile Code Runtime Monitoring System And
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`Methods.” Juniper admits that Exhibit 3 states on its face that the alleged invention was invented
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`by Yigal Mordechai Edery, Nimrod Itzhak Vered, David R. Kroll, and Shlomo Touboul. Juniper
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`denies that the ‘633 Patent was duly or legally issued. Except as expressly admitted herein,
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`Juniper is without knowledge or information sufficient to form a belief as to the truth or falsity of
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`the allegations contained in paragraph 15 of the Complaint, and therefore Juniper denies these
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`allegations.
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`16.
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`Juniper is without knowledge or information sufficient to form a belief as to the
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`truth or falsity of the allegations contained in paragraph 16 of the Complaint, and therefore Juniper
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`denies these allegations.
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`17.
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`Juniper denies each and every allegation contained in paragraph 17 of the
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`Complaint.
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`18.
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`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
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`7,613,926 (“the ‘926 Patent”) was attached to the Complaint as Exhibit 4. Juniper admits that
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`Exhibit 4 bears on its face the title “Method And System For Protecting A Computer And A
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`Network From Hostile Downloadables.” Juniper admits that Exhibit 4 states on its face that the
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`alleged invention was invented by Yigal Mordechai Edery, Nimrod Itzhak Vered, David R. Kroll,
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`and Shlomo Touboul. Juniper denies that the ‘926 Patent was duly or legally issued. Except as
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`expressly admitted herein, Juniper is without knowledge or information sufficient to form a belief
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`10451943
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`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 5 of 38
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`as to the truth or falsity of the allegations contained in paragraph 18 of the Complaint, and
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`therefore Juniper denies these allegations.
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`19.
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`Juniper is without knowledge or information sufficient to form a belief as to the
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`truth or falsity of the allegations contained in paragraph 19 of the Complaint, and therefore Juniper
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`denies these allegations.
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`20.
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`Juniper denies each and every allegation contained in paragraph 20 of the
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`Complaint.
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`21.
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`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
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`8,141,154 (“the ‘154 Patent”) was attached to the Complaint as Exhibit 5. Juniper admits that
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`Exhibit 5 bears on its face the title “System And Method For Inspecting Dynamically Generated
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`Executable Code.” Juniper admits that Exhibit 5 states on its face that the alleged invention was
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`invented by David Gruzman and Yuval Ben-Itzhak. Juniper denies that the ‘154 Patent was duly
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`or legally issued. Except as expressly admitted herein, Juniper is without knowledge or
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`information sufficient to form a belief as to the truth or falsity of the allegations contained in
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`paragraph 21 of the Complaint, and therefore Juniper denies these allegations.
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`22.
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`Juniper is without knowledge or information sufficient to form a belief as to the
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`truth or falsity of the allegations contained in paragraph 22 of the Complaint, and therefore Juniper
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`denies these allegations.
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`23.
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`Juniper denies each and every allegation contained in paragraph 23 of the
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`Complaint.
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`24.
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`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
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`8,677,494 (“the ‘494 Patent”) was attached to the Complaint as Exhibit 6. Juniper admits that
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`Exhibit 6 bears on its face the title “Malicious Mobile Code Runtime Monitoring System And
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`Methods.” Juniper admits that Exhibit 6 states on its face that the alleged invention was invented
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`by Yigal Mordechai Edery, Nirmrod [sic] Itzhak Vered, David R. Kroll, and Shlomo Touboul.
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`Juniper denies that the ‘494 Patent was duly or legally issued. Except as expressly admitted
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`herein, Juniper is without knowledge or information sufficient to form a belief as to the truth or
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`10451943
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`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 6 of 38
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`falsity of the allegations contained in paragraph 24 of the Complaint, and therefore Juniper denies
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`these allegations.
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`25.
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`Juniper is without knowledge or information sufficient to form a belief as to the
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`truth or falsity of the allegations contained in paragraph 25 of the Complaint, and therefore Juniper
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`denies these allegations.
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`26.
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`Juniper denies each and every allegation contained in paragraph 26 of the
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`Complaint.
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`27.
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`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
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`7,975,305 (“the ‘305 Patent”) was attached to the Complaint as Exhibit 7. Juniper admits that
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`Exhibit 7 bears on its face the title “Method And System For Adaptive Rule-Based Content
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`Scanners For Desktop Computers.” Juniper admits that Exhibit 7 states on its face that the alleged
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`invention was invented by Moshe Rubin, Moshe Matiya, Artem Melnick, Shlomo Touboul,
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`Alexander Yermakov, and Amit Shaked. Juniper denies that the ‘305 Patent was duly or legally
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`issued. Except as expressly admitted herein, Juniper is without knowledge or information
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`sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 27 of
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`the Complaint, and therefore Juniper denies these allegations.
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`28.
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`Juniper is without knowledge or information sufficient to form a belief as to the
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`truth or falsity of the allegations contained in paragraph 28 of the Complaint, and therefore Juniper
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`denies these allegations.
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`29.
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`Juniper denies each and every allegation contained in paragraph 29 of the
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`Complaint.
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`30.
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`Juniper admits that a copy of what Finjan alleges to be United States Patent No.
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`8,225,408 (“the ‘408 Patent”) was attached to the Complaint as Exhibit 8. Juniper admits that
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`Exhibit 8 bears on its face the title “Method And System For Adaptive Rule-Based Content
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`Scanners.” Juniper admits that Exhibit 8 states on its face that the alleged invention was invented
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`by Moshe Rubin, Moshe Matiya, Artem Melnick, Shlomo Touboul, Alexander Yermakov, and
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`Amit Shaked. Juniper denies that the ‘408 Patent was duly or legally issued. Except as expressly
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`admitted herein, Juniper is without knowledge or information sufficient to form a belief as to the
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`10451943
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`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
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`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 7 of 38
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`truth or falsity of the allegations contained in paragraph 30 of the Complaint, and therefore Juniper
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`denies these allegations.
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`31.
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`Juniper is without knowledge or information sufficient to form a belief as to the
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`truth or falsity of the allegations contained in paragraph 31 of the Complaint, and therefore Juniper
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`denies these allegations.
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`32.
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`Juniper denies each and every allegation contained in paragraph 32 of the
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`Complaint.
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`33.
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`Juniper admits that the Complaint refers to the ‘844 Patent, the ‘780 Patent, the
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`‘633 Patent, the ‘926 Patent, the ‘154 Patent, the ‘494 Patent, the ‘305 Patent, and the ‘408 Patent
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`collectively as the “Asserted Patents.”
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`FINJAN’S [ALLEGED] NOTICE OF INFRINGEMENT TO JUNIPER
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`34.
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`The allegations contained in this section have been dismissed and need no response
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`because they are moot.
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`35.
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`The allegations contained in this section have been dismissed and need no response
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`because they are moot.
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`36.
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`The allegations contained in this section have been dismissed and need no response
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`because they are moot.
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`37.
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`The allegations contained in this section have been dismissed and need no response
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`because they are moot.
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`38.
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`The allegations contained in this section have been dismissed and need no response
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`because they are moot.
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`39.
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`The allegations contained in this section have been dismissed and need no response
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`because they are moot.
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`40.
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`The allegations contained in this section have been dismissed and need no response
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`because they are moot.
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`41.
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`The allegations contained in this section have been dismissed and need no response
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`because they are moot.
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`10451943
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`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
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`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 8 of 38
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`42.
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`The allegations contained in this section have been dismissed and need no response
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`because they are moot.
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`JUNIPER
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`43.
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`Juniper admits that it makes, uses, sells, offers for sale and/or imports the SRX
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`Series Services Gateways, Sky Advanced Threat Prevention (“Sky ATP”), Junos Space Security
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`Director, and Contrail products. Except as expressly admitted herein, Juniper denies each and
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`every allegation contained in paragraph 43 of the Complaint.
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`SRX Gateways
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`44.
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`Juniper admits that SRX Gateways include the: SRX110; SRX220; SRX300;
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`SRX550; SRX1400; SRX1500; SRX3400; SRX3600; SRX5400; SRX5600; and SRX5800
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`gateway appliances, as well as the vSRX Virtual Firewall and cSRX Container Firewall
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`(collectively, “SRX Gateways”). Except as expressly admitted herein, Juniper denies each and
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`every allegation contained in paragraph 44 of the Complaint.
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`45.
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`Juniper denies each and every allegation contained in paragraph 45 of the
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`Complaint.
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`46.
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`Juniper denies each and every allegation contained in paragraph 46 of the
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`Complaint.
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`47.
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`Juniper denies each and every allegation contained in paragraph 47 of the
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`Complaint.
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`48.
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`Juniper denies each and every allegation contained in paragraph 48 of the
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`Complaint.
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`49.
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`Juniper denies each and every allegation contained in paragraph 49 of the
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`Complaint.
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`50.
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`Juniper denies each and every allegation contained in paragraph 50 of the
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`Complaint.
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`10451943
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`Junos Space Security Director
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`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
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`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 9 of 38
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`51.
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`Juniper denies each and every allegation contained in paragraph 51 of the
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`Complaint.
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`52.
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`Juniper denies each and every allegation contained in paragraph 52 of the
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`Contrail
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`Complaint.
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`JUNIPER’S [ALLEGED] INFRINGEMENT OF FINJAN’S PATENTS
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`53.
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`Juniper denies each and every allegation contained in paragraph 53 of the
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`Complaint.
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`54.
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`The allegations regarding induced infringement in paragraph 54 of the Complaint
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`have been dismissed and need no response because they are moot.
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`COUNT I
`([Alleged] Direct Infringement of the ‘844 Patent pursuant to 35 U.S.C. § 271(a))
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`55.
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`56.
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`Complaint.
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`Juniper incorporates its answers to paragraphs 1 through 54.
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`Juniper denies each and every allegation contained in paragraph 56 of the
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`57.
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`Juniper denies each and every allegation contained in paragraph 57 of the
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`Complaint.
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`58.
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`Juniper denies each and every allegation contained in paragraph 58 of the
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`Complaint.
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`59.
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`Juniper denies each and every allegation contained in paragraph 59 of the
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`Complaint.
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`60.
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`Juniper denies each and every allegation contained in paragraph 60 of the
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`Complaint.
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`61.
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`Juniper denies each and every allegation contained in paragraph 61 of the
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`Complaint.
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`62.
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`Juniper denies each and every allegation contained in paragraph 62 of the
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`Complaint.
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`10451943
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`- 8 -
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`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
`
`

`

`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 10 of 38
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`1
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`63.
`
`Juniper denies each and every allegation contained in paragraph 63 of the
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`2
`
`Complaint.
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`3
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`64.
`
`Juniper denies each and every allegation contained in paragraph 64 of the
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`4
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`Complaint.
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`5
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`65.
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`Juniper denies each and every allegation contained in paragraph 65 of the
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`6
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`Complaint.
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`7
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`66.
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`Juniper denies each and every allegation contained in paragraph 66 of the
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`8
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`Complaint.
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`9
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`67.
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`Juniper denies each and every allegation contained in paragraph 67 of the
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`10
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`Complaint.
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`11
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`68.
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`The allegations contained in paragraph 68 have been dismissed and need no
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`12
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`response because they are moot.
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`13
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`69.
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`The allegations contained in paragraph 69 have been dismissed and need no
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`14
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`response because they are moot.
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`15
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`70.
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`The allegations contained in paragraph 70 have been dismissed and need no
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`16
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`response because they are moot.
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`COUNT II
`([Alleged] Indirect Infringement of the ‘844 Patent pursuant to 35 U.S.C. § 271(b))
`
`71.
`
`72.
`
`Juniper incorporates its answers to paragraphs 1 through 70.
`
`The allegations contained in paragraph 72 have been dismissed and need no
`
`response because they are moot.
`
`73.
`
`The allegations contained in paragraph 73 have been dismissed and need no
`
`response because they are moot.
`
`74.
`
`The allegations contained in paragraph 74 have been dismissed and need no
`
`response because they are moot.
`
`75.
`
`The allegations contained in paragraph 75 have been dismissed and need no
`
`response because they are moot.
`
`
`
`
`10451943
`
`
`
`- 9 -
`
`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
`
`

`

`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 11 of 38
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`
`
`COUNT III
`([Alleged] Direct Infringement of the ‘780 Patent pursuant to 35 U.S.C. § 271(a))
`
`76.
`
`77.
`
`Complaint.
`
`Juniper incorporates its answers to paragraphs 1 through 75.
`
`Juniper denies each and every allegation contained in paragraph 77 of the
`
`78.
`
`Juniper denies each and every allegation contained in paragraph 78 of the
`
`Complaint.
`
`79.
`
`Juniper denies each and every allegation contained in paragraph 79 of the
`
`Complaint.
`
`80.
`
`Juniper denies each and every allegation contained in paragraph 80 of the
`
`Complaint.
`
`81.
`
`Juniper denies each and every allegation contained in paragraph 81 of the
`
`Complaint.
`
`82.
`
`Juniper denies each and every allegation contained in paragraph 82 of the
`
`Complaint.
`
`83.
`
`Juniper denies each and every allegation contained in paragraph 83 of the
`
`Complaint.
`
`84.
`
`The allegations contained in paragraph 84 have been dismissed and need no
`
`response because they are moot.
`
`85.
`
`The allegations contained in paragraph 85 have been dismissed and need no
`
`response because they are moot.
`
`86.
`
`The allegations contained in paragraph 86 have been dismissed and need no
`
`response because they are moot.
`
`COUNT IV
`([Alleged] Indirect Infringement of the ‘780 Patent pursuant to 35 U.S.C. § 271(b))
`
`87.
`
`88.
`
`Juniper incorporates its answers to paragraphs 1 through 86.
`
`The allegations contained in paragraph 88 have been dismissed and need no
`
`response because they are moot.
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`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`10451943
`
`
`
`- 10 -
`
`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
`
`

`

`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 12 of 38
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`1
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`2
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`3
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`4
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`5
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`89.
`
`The allegations contained in paragraph 89 have been dismissed and need no
`
`response because they are moot.
`
`90.
`
`The allegations contained in paragraph 90 have been dismissed and need no
`
`response because they are moot.
`
`91.
`
`The allegations contained in paragraph 91 have been dismissed and need no
`
`6
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`response because they are moot.
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`21
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`22
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`23
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`25
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`26
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`27
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`28
`
`COUNT V
`([Alleged] Direct Infringement of the ‘633 Patent pursuant to 35 U.S.C. § 271(a))
`
`92.
`
`93.
`
`Complaint.
`
`Juniper incorporates its answers to paragraphs 1 through 91.
`
`Juniper denies each and every allegation contained in paragraph 93 of the
`
`94.
`
`Juniper denies each and every allegation contained in paragraph 94 of the
`
`Complaint.
`
`95.
`
`Juniper denies each and every allegation contained in paragraph 95 of the
`
`Complaint.
`
`96.
`
`Juniper denies each and every allegation contained in paragraph 96 of the
`
`Complaint.
`
`97.
`
`Juniper denies each and every allegation contained in paragraph 97 of the
`
`Complaint.
`
`98.
`
`Juniper denies each and every allegation contained in paragraph 98 of the
`
`Complaint.
`
`99.
`
`Juniper denies each and every allegation contained in paragraph 99 of the
`
`Complaint.
`
`100.
`
`Juniper denies each and every allegation contained in paragraph 100 of the
`
`Complaint.
`
`101.
`
`Juniper denies each and every allegation contained in paragraph 101 of the
`
`Complaint.
`
`10451943
`
`
`
`- 11 -
`
`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
`
`

`

`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 13 of 38
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`1
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`102.
`
`Juniper denies each and every allegation contained in paragraph 102 of the
`
`2
`
`Complaint.
`
`
`
`3
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`4
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`5
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`28
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`103. The allegations contained in paragraph 103 have been dismissed and need no
`
`response because they are moot.
`
`104. The allegations contained in paragraph 104 have been dismissed and need no
`
`response because they are moot.
`
`105. The allegations contained in paragraph 105 have been dismissed and need no
`
`response because they are moot.
`
`COUNT VI
`([Alleged] Indirect Infringement of the ‘633 Patent pursuant to 35 U.S.C. § 271(b))
`
`106.
`
`Juniper incorporates its answers to paragraphs 1 through 105.
`
`107. The allegations contained in paragraph 107 have been dismissed and need no
`
`response because they are moot.
`
`108. The allegations contained in paragraph 108 have been dismissed and need no
`
`response because they are moot.
`
`109. The allegations contained in paragraph 109 have been dismissed and need no
`
`response because they are moot.
`
`110. The allegations contained in paragraph 110 have been dismissed and need no
`
`response because they are moot.
`
`COUNT VII
`([Alleged] Direct Infringement of the ‘926 Patent pursuant to 35 U.S.C. § 271(a))
`
`111.
`
`Juniper incorporates its answers to paragraphs 1 through 110.
`
`112.
`
`Juniper denies each and every allegation contained in paragraph 112 of the
`
`Complaint.
`
`113.
`
`Juniper denies each and every allegation contained in paragraph 113 of the
`
`Complaint.
`
`114.
`
`Juniper denies each and every allegation contained in paragraph 114 of the
`
`Complaint.
`
`10451943
`
`
`
`- 12 -
`
`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
`
`

`

`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 14 of 38
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`1
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`115.
`
`Juniper denies each and every allegation contained in paragraph 115 of the
`
`2
`
`Complaint.
`
`3
`
`116.
`
`Juniper denies each and every allegation contained in paragraph 116 of the
`
`4
`
`Complaint.
`
`5
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`117.
`
`Juniper denies each and every allegation contained in paragraph 117 of the
`
`6
`
`Complaint.
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`7
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`118.
`
`Juniper denies each and every allegation contained in paragraph 118 of the
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`8
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`Complaint.
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`9
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`119.
`
`Juniper denies each and every allegation contained in paragraph 119 of the
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`10
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`Complaint.
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`11
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`120.
`
`Juniper denies each and every allegation contained in paragraph 120 of the
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`12
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`Complaint.
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`13
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`121. The allegations contained in paragraph 121 have been dismissed and need no
`
`14
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`response because they are moot.
`
`15
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`122. The allegations contained in paragraph 122 have been dismissed and need no
`
`16
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`response because they are moot.
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`17
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`123. The allegations contained in paragraph 123 have been dismissed and need no
`
`18
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`response because they are moot.
`
`COUNT VIII
`([Alleged] Indirect Infringement of the ‘926 Patent pursuant to 35 U.S.C. § 271(b))
`
`124.
`
`Juniper incorporates its answers to paragraphs 1 through 123.
`
`125. The allegations contained in paragraph 125 have been dismissed and need no
`
`response because they are moot.
`
`126. The allegations contained in paragraph 126 have been dismissed and need no
`
`response because they are moot.
`
`127. The allegations contained in paragraph 127 have been dismissed and need no
`
`response because they are moot.
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`10451943
`
`
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`- 13 -
`
`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
`
`

`

`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 15 of 38
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`128. The allegations contained in paragraph 128 have been dismissed and need no
`
`response because they are moot.
`
`COUNT IX
`([Alleged] Direct Infringement of the ‘926 Patent pursuant to 35 U.S.C. § 271(a))
`
`129.
`
`Juniper incorporates its answers to paragraphs 1 through 128.
`
`130.
`
`Juniper denies each and every allegation contained in paragraph 130 of the
`
`Complaint.
`
`131.
`
`Juniper denies each and every allegation contained in paragraph 131 of the
`
`Complaint.
`
`132.
`
`Juniper denies each and every allegation contained in paragraph 132 of the
`
`Complaint.
`
`133.
`
`Juniper denies each and every allegation contained in paragraph 133 of the
`
`Complaint.
`
`134.
`
`Juniper denies each and every allegation contained in paragraph 134 of the
`
`Complaint.
`
`135.
`
`Juniper denies each and every allegation contained in paragraph 135 of the
`
`Complaint.
`
`136.
`
`Juniper denies each and every allegation contained in paragraph 136 of the
`
`Complaint.
`
`137.
`
`Juniper denies each and every allegation contained in paragraph 137 of the
`
`Complaint.
`
`138. The allegations contained in paragraph 138 have been dismissed and need no
`
`response because they are moot.
`
`139. The allegations contained in paragraph 139 have been dismissed and need no
`
`response because they are moot.
`
`140. The allegations contained in paragraph 140 have been dismissed and need no
`
`response because they are moot.
`
`
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`1
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`2
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`3
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`5
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`10451943
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`- 14 -
`
`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
`
`

`

`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 16 of 38
`
`
`
`COUNT X
`([Alleged] Direct Infringement of the ‘494 Patent pursuant to 35 U.S.C. § 271(a))
`
`141.
`
`Juniper incorporates its answers to paragraphs 1 through 140.
`
`142.
`
`Juniper denies each and every allegation contained in paragraph 142 of the
`
`Complaint.
`
`143.
`
`Juniper denies each and every allegation contained in paragraph 143 of the
`
`Complaint.
`
`144.
`
`Juniper denies each and every allegation contained in paragraph 144 of the
`
`Complaint.
`
`145.
`
`Juniper denies each and every allegation contained in paragraph 145 of the
`
`Complaint.
`
`146.
`
`Juniper denies each and every allegation contained in paragraph 146 of the
`
`Complaint.
`
`147.
`
`Juniper denies each and every allegation contained in paragraph 147 of the
`
`Complaint.
`
`148.
`
`Juniper denies each and every allegation contained in paragraph 148 of the
`
`Complaint.
`
`149.
`
`Juniper denies each and every allegation contained in paragraph 149 of the
`
`Complaint.
`
`150.
`
`Juniper denies each and every allegation contained in paragraph 150 of the
`
`Complaint.
`
`151.
`
`Juniper denies each and every allegation contained in paragraph 151 of the
`
`Complaint.
`
`152.
`
`Juniper denies each and every allegation contained in paragraph 152 of the
`
`Complaint.
`
`153. The allegations contained in paragraph 153 have been dismissed and need no
`
`response because they are moot.
`
`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`14
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`15
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`10451943
`
`
`
`- 15 -
`
`JUNIPER’S ANSWER TO FINJAN’S COMPLAINT
`(Case No. 3:17-cv-05659-WHA)
`
`

`

`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`10
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`11
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`12
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`13
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`14
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`Case 3:17-cv-05659-WHA Document 42 Filed 02/28/18 Page 17 of 38
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`
`
`154. The allegations contained in paragraph 154 have been dismissed and need no
`
`response because they are moot.
`
`155. The allegations contained in paragraph 155 have been dismissed and need no
`
`response because they are moot.
`
`COUNT XI
`([Alleged] Indirect Infringement of the ‘494 Patent pursuant to 35 U.S.C. § 271(b))
`
`156.
`
`Juniper incorporates its answers to paragraphs 1 through 155.
`
`157. The allegations contained in paragraph 157 have been dismissed and need no
`
`response because they are moot.
`
`158. The allegations contained in paragraph 158 have been dismissed and need no
`
`response because they are moot.
`
`159. The allegations contained in paragraph 159 have been dismissed and need no
`
`response because they are moot.
`
`160. The allegations contained in paragraph 160 have been dismissed and need no
`
`response because they are moot.
`
`COUNT XII
`([Alleged] Direct Infringement of the ‘305 Patent pursuant to 35 U.S.C. § 271(a))
`
`161.
`
`Juniper incorporates its answers to paragraphs 1 through 160.
`
`162.
`
`Juniper denies each and every allegation contained in paragraph 162 of the
`
`Complaint.
`
`163.
`
`Juniper denies each and every allegation contained in paragraph 163 of the
`
`Complaint.
`
`164.
`
`Juniper denies each and every allegation contained in paragraph 164 of the
`
`Complaint.
`
`165.
`
`Juniper denies each and every allegation contained in paragra