`Case 3:17-cv-05659-WHA Document 432-23 Filed 04/11/19 Page 1 of 4
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`EXHIBIT 22
`EXHIBIT 22
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`Case 3:17-cv-05659-WHA Document 432-23 Filed 04/11/19 Page 2 of 4
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` Pages 1 - 10
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Before The Honorable William H. Alsup, Judge
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`)
`FINJAN, INC.,
` )
` Plaintiff, )
` )
` VS. ) NO. CV 17-05659-WHA
` )
`JUNIPER NETWORK, INC.,
`)
` )
` Defendant.
`)
` )
`
` San Francisco, California
` Wednesday, July 18, 2018
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`TRANSCRIPT OF PROCEEDINGS
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`APPEARANCES:
`
`For Plaintiff:
` KRAMER, LEVIN, NAFTALIS & FRANKEL LLP
` 990 Marsh Road
` Menlo Park, CA 94025
` BY: KRISTOPHER B. KASTENS, ESQUIRE
`
`
`For Defendant:
` IRELL & MANELLA LLP
` 840 Newport Center Drive - Suite 400
` Newport Beach, CA 92660
` BY: REBECCA L. CARSON, ESQUIRE
`
` IRELLA & MANELLA LLP
` 1800 Avenue of the Stars - Suite 900
` Los Angeles, CA 90024
` BY: CASEY M. CURRAN, ESQUIRE
`
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`Reported By: Pamela A. Batalo, CSR No. 3593, RMR, FCRR
` Official Reporter
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`Case 3:17-cv-05659-WHA Document 432-23 Filed 04/11/19 Page 3 of 4
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`say you won.
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`MS. CURRAN: Thank you, Your Honor.
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`THE COURT: But I want to explain why you win, and
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`that is that this document was used to refresh the memory of
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`the witness. He said so in the deposition.
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`Now, it's true that immediately before that, he said that
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`his -- he had a "bright" -- I think that was the word he
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`used -- "memory of the conversation." But that was a clever
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`answer because yes, after you read the document, you surely
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`would have a bright memory. That's the way I read the
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`testimony. He didn't say, "I had a bright memory before I read
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`the document." He said he had a bright memory and that was
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`after he read the document. So that's number one.
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`Now, then, number two, he was woodsheded, in my view.
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`There was a break in the testimony, and counsel took him
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`outside in the hallway, and he came back and said later that it
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`didn't refresh his memory. Well, I practiced for 25 years.
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`I've been in this job 20 years. I know exactly what happened.
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`Counsel got out there and told him to fix his testimony.
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`That's the way I view it. And I give very little weight to
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`that after-the-break testimony to try to take back and fix up
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`what actually was said. So I have been around the block and
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`I'm not going to fall for it. So that's number one.
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`Number two, though, is a completely different point.
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`Ninety nine percent of this document has been produced and the
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`Case 3:17-cv-05659-WHA Document 432-23 Filed 04/11/19 Page 4 of 4
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`plaintiffs want to use it for their purposes, but they want to
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`selectively withhold parts of what is -- you can't do that.
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`Under the Rule of Completeness, the whole thing is going to be
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`an open book, not just the 99 percent that plaintiffs want
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`everyone to see. So that's crazy. You can't do that.
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`So this whole document is going to be produced. I might
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`get into whether or not -- I'm assuming for the sake of
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`argument that it was privileged to begin with and I'm not
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`ruling on the lateness of the log. That's a fair point, but I
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`don't know whether you did the same thing. Maybe you got a
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`late log yourself. So I don't want to go down that path
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`without knowing a lot more than I know now. But it's
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`sufficient for me to make the ruling based on the points that I
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`have laid out.
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`So you've got to produce the document. End of story.
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`I'll give you until next Monday at noon to produce the
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`document. All right.
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`Anything more today?
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`MS. CURRAN: I believe there's a pending motion to
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`amend the Complaint. Finjan would like to add a patent to the
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`case.
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`THE COURT: Yeah. I've got to think about what to do
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`on that. And we're going to get an order out this week telling
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`you what the answer is on that. Okay?
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`MR. KASTENS: Your Honor, if I could just --
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