Case 3:17-cv-05659-WHA Document 432-1 Filed 04/11/19 Page 1 of 4
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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.
`
`
`
`
`v.
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`
`
`
`
`Plaintiff,
`
`Defendant.
`
`May 2, 2019
`Date:
`8:00 a.m.
`Time:
`Courtroom: Courtroom 12, 19th Floor
`Before:
`Hon. William Alsup
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`FINJAN, INC., a Delaware Corporation,
`Case No.: 3:17-cv-05659-WHA
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`
`DECLARATION OF KRISTOPHER
`
`KASTENS IN SUPPORT OF PLAINTIFF
`
`FINJAN, INC.’S OPPOSITION TO
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`DEFENDANT JUNIPER NETWORKS,
`
`INC.’S MOTION FOR SANCTIONS
`JUNIPER NETWORKS, INC., a Delaware
`
`Corporation,
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`____________________________________________________________________________________
`KASTENS DECL. IN SUPPORT OF FINJAN’S .
` CASE NO.: 3:17-cv-05659-WHA
`OPP. TO JUNIPER’S MOTION FOR SANCTIONS
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`Case 3:17-cv-05659-WHA Document 432-1 Filed 04/11/19 Page 2 of 4
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`I, Kristopher Kastens, declare:
`1.
`I am an attorney with the law firm Kramer Levin Naftalis & Frankel LLP, counsel of
`record for Finjan, Inc. (“Finjan”). I have personal knowledge of the facts stated herein and can testify
`competently to those facts. I make this declaration in support of Plaintiff Finjan, Inc.’s Opposition to
`Defendant Juniper Networks, Inc.’s Motion for Sanctions.
`2.
`Attached hereto as Exhibit 1 is a true and correct copy of pages 207-210, 226-239, 259-
`284, 319, 324-327, 329-333, 375-386, 388-391, 408-409, 428-429, 471-473, 525-527, 547-555, 557-
`558, 566, 587-589, 591-592, 604, 839-844, and 958-960 from the transcript of Trial proceedings held
`on December 11-14, 2018.
`3.
`Attached hereto as Exhibit 2 is a true and correct copy of a Juniper Press Release
`entitled “Juniper Networks Unveils Advanced Anti-Malware Cloud Service, Security Management and
`the Latest Firewalls to Protect Cloud-Enabled Enterprise Networks” bearing bates numbers FINJAN-
`JN 400386-89, which was marked as Trial Exhibit 91.
`4.
`Attached hereto as Exhibit 3 is a true and correct copy of the deposition testimony of
`Scott Coonan played at trial, from his deposition taken on November 16, 2018.
`5.
`Attached hereto as Exhibit 4 is a true and correct copy of the redacted transcript of a
`phone call between John Garland and Scott Coonan, bearing bates numbers JNPR-
`FNJN_29011_00960575-91, which was marked as Trial Exhibit 256.
`6.
`Attached hereto as Exhibit 5 is a true and correct copy of the deposition testimony of
`Chandra Nagarajan played at trial, from the deposition taken on May 31, 2018.
`7.
`Attached hereto as Exhibit 6 is a true and correct copy of pages 63-64 from the
`transcript of the deposition of Chandra Nagarajan, taken on May 31, 2018.
`8.
`Attached hereto as Exhibit 7 is a true and correct copy of a Juniper technical document
`entitled “Sky Advanced Threat Prevention License Types” bearing bates numbers FINJAN-JN
`400271-72, marked as Trial Exhibit 182.
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`OPP. TO JUNIPER’S MOTION FOR SANCTIONS
`
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`Case 3:17-cv-05659-WHA Document 432-1 Filed 04/11/19 Page 3 of 4
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`9.
`Attached hereto as Exhibit 8 is a true and correct copy of a Juniper technical Datasheet
`entitled “SRX Series Services Gateways for the Branch” bearing bates numbers FINJAN-JN 045192-
`210, which was marked as Trial Exhibit 345.
`10.
`Attached hereto as Exhibit 9 is a true and correct copy of U.S. Patent No. 8,677,494
`bearing Bates number FINJAN-JN 003821-48, which was marked as Trial Exhibit 1.
`11.
`Attached hereto as Exhibit 10 is a true and correct copy of a Finjan webpage entitled
`“FinjanMobile VitalSecurity” bearing bates numbers FINJAN-JN 046254-56, which was marked as
`Trial Exhibit 372.
`12.
`Attached hereto as Exhibit 11 is a true and correct copy of an e-mail chain between
`counsel for Finjan and counsel for Juniper, dated November 22-25, 2018.
`13.
`Attached hereto as Exhibit 12 is a true and correct copy of an e-mail chain between
`Meredith McKenzie, Ivan Chaperot and Scott Coonan bearing bates numbers JNPR-
`FNJN_29012_00962373-74, which was marked as Trial Exhibit 342.
`14.
`Attached hereto as Exhibit 13 is a true and correct copy of the deposition testimony of
`Alexander Icasiano played at trial, from his deposition taken on November 30, 2018.
`15.
`Attached hereto as Exhibit 14 is a true and correct copy of a Juniper presentation
`entitled “Sky Advanced Threat Prevention” bearing bates numbers JNPR-FNJN_29008_00514106-85,
`which was marked as Trial Exhibit 88.
`16.
`Attached hereto as Exhibit 15 is a true and correct copy of a Juniper excel spreadsheet
`entitled “EndUser–Country,” which was marked as Gupta Deposition Exhibit 12 and also Trial Exhibit
`490.
`
`17.
`Attached hereto as Exhibit 16 is a true and correct copy of a Juniper excel spreadsheet
`entitled “Ship To Party–Country” which was marked as Gupta Deposition Exhibit 16 and also Trial
`Exhibit 494.
`18.
`Attached hereto as Exhibit 17 is a true and correct copy of the deposition testimony of
`Shelly Gupta played at trial, from the deposition taken on December 7, 2018.
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`OPP. TO JUNIPER’S MOTION FOR SANCTIONS
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`Case 3:17-cv-05659-WHA Document 432-1 Filed 04/11/19 Page 4 of 4
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`19.
`Attached hereto as Exhibit 18 is a true and correct copy of excerpts from a Juniper
`Administration Guide entitled “Sky ATP–Sky Advanced Threat Prevention Administration Guide”
`bearing bates numbers FINJAN-JN 044887, FINJAN-JN 045018 and FINJAN-JN 045019, which was
`marked as Trial Exhibit 58.
`20.
`Attached hereto as Exhibit 19 is a true and correct copy of pages 124-132 from the
`transcript of the deposition of Michael Mitzenmacher, taken on July 3, 2018.
`21.
`Attached hereto as Exhibit 20 is a true and correct copy of a letter from counsel for
`Finjan, Paul Andre, to Honorable William Alsup from the above-referenced matter, filed on December
`10, 2018 at Dkt. No. 312.
`22.
`Attached hereto as Exhibit 21 is a true and correct copy of pages 192–197, 211–224,
`252–253, and 255-256 from the transcript of the deposition of John Garland, taken on May 24, 2018.
`23.
`Attached hereto as Exhibit 22 is a true and correct copy of pages 8-9 from the transcript
`of proceedings in the above-referenced matter, held on July, 18, 2018.
`24.
`Attached hereto as Exhibit 23 is a true and correct copy of pages 847–848, 853–854,
`and 857 from the transcript of trial proceedings in Finjan, Inc. v. Blue Coat Systems, Inc., No. 13-cv-
`03999-BLF (N.D. Cal), held on July 24, 2015.
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` I
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` declare under penalty of perjury under the laws of the United States of America that the
`foregoing is true and correct. Executed on April 11, 2019 in Menlo Park, California.
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`/s/ Kristopher Kastens
`Kristopher Kastens
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`OPP. TO JUNIPER’S MOTION FOR SANCTIONS
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