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`Case 3:17-cv-05659-WHA Document 424-1 Filed 04/11/19 Page 2 of 5
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`Case 3:17-cv-05659-WHA Document 424-1 Filed 04/11/19 Page 3 of 5
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`Finjan’s response. First, Finjan initiated discussions with Juniper in 2014 by providing a claim chart
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`for how the ‘968 Patent relates to Juniper. FINJAN-JN 193514-517. Finjan continued discussions
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`with Juniper, notified Juniper of Finjan’s patent portfolio, and stated that a license discussions were
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`related to a license of Finjan’s patent portfolio. In 2014, 2015, and 2016, Finjan reached out to Juniper
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`for discussions related to licensing Finjan’s patents, including the Patents-In-Suit. FINJAN-JN
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`192859-861. FINJAN-JN 193526-527; FINJAN-JN 193539-541; FINJAN-JN 193499-3500. Finjan
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`requested that Juniper enter an non-disclosure agreement (“NDA”) so that Finjan can provide already
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`prepared confidential claim charts on other Patents-in-Suit, including the ‘494 Patent, as part of the
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`licensing discussions and Juniper’s infringement. FINJAN-JN 193526-527; FINJAN-JN 193539-541;
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`FINJAN-JN 193499-3500. Juniper refused to enter an NDA, stated all communications were not
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`subject to FRE 408, and also indicated its intent to share any information Finjan shared with third
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`parties. FINJAN-JN 193535-538. Juniper’s refusal to enter an NDA, statements that none of the
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`communications were under FRE 408, and that it could publicly disclose any material that Finjan
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`provided hampered discussions between the parties and limited the information that Finjan could share
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`with Juniper. Finjan notified Juniper that it was its established practice to limit the information shared
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`unless under an NDA, and that it was not willing to declassify its confidential information to non-
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`confidential for Juniper’s unfettered disclosures. FINJAN-JN 193526-527.
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`Furthermore, Finjan notified Juniper on several occasions that Finjan had additional claim
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`charts that Finjan could share with Juniper that described its infringement of at least the ‘494 and ‘154
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`Patents. By October 9, 2015, Finjan had created claim charts for the ‘494 Patent that it offered to share
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`with Juniper. Furthermore, by October 30, 2015, Finjan had completed a claim chart for the ‘154
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`Patent that it offered to share with Juniper. However, because of Juniper’s refusal to enter an NDA
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`and threats to publicly publish any claim charts provided, Finjan could not and did not provide these
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`charts to Juniper.
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`As previously provided in Finjan’s incorporated response to Interrogatory No. 2, documents
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`related to these discussions between Finjan and Juniper include: FINJAN-JN 192859-865, 192859-
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`192865, 192866-193543, 193544-193575.
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`4
`FINJAN’S SECOND SUPP. OBJ. & RESP. TO JUNIPER’S
`FIRST SET OF INTERROGATORIES (NO. 6)
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`Case 3:17-cv-05659-WHA Document 424-1 Filed 04/11/19 Page 4 of 5
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`Furthermore, Finjan notified Cyphort, Inc. (acquired by Juniper) of its infringement on several
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`occasions.
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`SECOND SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 6:
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`Subject to and without waiving the foregoing general and specific objections, Finjan responds
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`as follows:
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`By 2015, Finjan also notified Juniper that it had charts prepared and ready to share with Juniper
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`for U.S. Patent Nos. 8,225,408; 8,141,154; and 7,418,731. Finjan did not share these charts because of
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`Juniper’s unwillingness to enter an NDA.
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`Finjan provided further notice of Finjan’s patents and Juniper’s infringement of those patents
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`during a November 2015 phone call between John Garland of Finjan and Mr. Coonan of Juniper.
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`During this call, Mr. Garland stated that Finjan had at least six patents that Finjan believed Juniper
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`infringed and had claim charts directed to Juniper’s security products, including the SRX Gateways
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`FINJAN’S SECOND SUPP. OBJ. & RESP. TO JUNIPER’S
`FIRST SET OF INTERROGATORIES (NO. 6)
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`Case 3:17-cv-05659-WHA Document 424-1 Filed 04/11/19 Page 5 of 5
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`and Sky ATP, and could share them with Juniper, so long as Juniper treated the charts as confidential.
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`Mr. Coonan stated on this call that he would not treat the charts as confidential and would publicly
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`share any charts provided by Finjan to Juniper.
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`Additional evidence of notice to Juniper is that the ‘968 Patent includes references to the ‘844
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`Patent and U.S. Patent No. 6,092,194 (“the ‘194 Patent”). The ‘194 Patent is a parent to the ‘780,
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`‘494, and ‘633 Patents. The ‘780 Patent is a parent to the ‘926 Patent. Juniper would have been put on
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`notice of these patents when it performed invalidity analysis of the ‘968 Patent, and also through its
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`knowledge of the ‘780, ‘926, ‘633, ‘154, and ‘494 Patents being asserted against Palo Alto Networks,
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`which was discussed between Finjan and Juniper.
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`Finjan’s investigation of this matter is ongoing and it will comply with Fed. R. Civ. P. 26(e)
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`should additional information become known to it.
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`Dated: May 23, 2018
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`By: /s/ Kristopher Kastens
`Paul J. Andre
`Lisa Kobialka
`James Hannah
`Kristopher Kastens
`KRAMER LEVIN NAFTALIS
`& FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`pandre@kramerlevin.com
`lkobialka@kramerlevin.com
`jhannah@kramerlevin.com
`kkastens@kramerlevin.com
`
`Attorneys for Plaintiff
`FINJAN, INC.
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`6
`FINJAN’S SECOND SUPP. OBJ. & RESP. TO JUNIPER’S
`FIRST SET OF INTERROGATORIES (NO. 6)
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