`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Case 3:17-cv-05659-WHA Document 435-3 Filed 04/12/19 Page 1 of 5
`
`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Alan Heinrich (SBN 212782)
`aheinrich@irell.com
`Joshua 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 Carson (SBN 254105)
`rcarson@irell.com
`Ingrid M. H. Petersen (SBN) 313927)
`ipetersen@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
`
`Attorneys for Defendant
`JUNIPER NETWORKS, INC.
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`FINJAN, INC., a Delaware Corporation,
`
`
`Plaintiff,
`
`vs.
`
`
`
`
`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`Case No. 3:17-cv-05659-WHA
`
`DECLARATION OF JOSHUA GLUCOFT
`IN SUPPORT OF DEFENDANT JUNIPER
`NETWORKS, INC.’S OPPOSITION TO
`PLAINTIFF FINJAN, INC.’S MOTION
`FOR RELIEF FROM JUDGMENT
`PURSUANT TO FED. R. CIV. P. 60(B)
`
`May 9, 2019
`
`Date:
`8:00 a.m.
`Time:
`Courtroom: Courtroom 12, 19th Floor
`Before:
`Hon. William Alsup
`
`DECLARATION OF JOSHUA GLUCOFT ISO
`JUNIPER’S OPPOSITION TO FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
`Case No. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 435-3 Filed 04/12/19 Page 2 of 5
`
`
`
`1
`
`2
`
`
`
`DECLARATION OF JOSHUA GLUCOFT
`
`I, Joshua Glucoft, declare as follows:
`
`3
`
`4
`
`5
`
`6
`
`7
`
`1.
`
`I am a member in good standing of the State Bar of California and an associate at
`
`Irell & Manella LLP, counsel of record in this action for Defendant Juniper Networks, Inc.
`
`(“Juniper”). The statements in this declaration reflect my current knowledge, and I could and
`
`would testify competently thereto if called upon to do so. I make this declaration in support of
`
`Juniper’s Opposition to Finjan’s Motion for Relief from Judgment Pursuant to Fed. R. Civ. P.
`
`8
`
`60(b).
`
`9
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of the document bearing
`
`10
`
`Bates JNPR-FNJN_29035_00962471 through _00962499, which Juniper produced on July 12,
`
`11
`
`2018.
`
`12
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of the document bearing
`
`13
`
`Bates JNPR-FNJN_29040_01280968 through _01280978, which Juniper produced on November
`
`14
`
`6, 2018.
`
`15
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of the document bearing
`
`16
`
`Bates JNPR-FNJN_29040_01462115 thorough _01462143, which Juniper produced on November
`
`17
`
`6, 2018.
`
`18
`
`5.
`
`On October 16, 2018, Kris Kastens, counsel for Finjan sent me an email requesting,
`
`19
`
`for the first time, a Rule 30(b)(6) deposition of Juniper. One of the requested topics related to Joe
`
`20
`
`Security. Attached hereto as Exhibit 4 is a true and correct copy of that email. On November 5,
`
`21
`
`2018, I conferred with Mr. Kastens to discuss, among other things, the timing of the requested
`
`22
`
`Rule 30(b)(6) depositions. I stated that the Rule 30(b)(6) deposition related to Joe Security
`
`23
`
`appeared to be irrelevant to the upcoming trial and that, as result, it might make sense for the
`
`24
`
`parties to defer the deposition until after the trial. Mr. Kastens agreed to defer the deposition until
`
`25
`
`after the trial. Later that day, I sent Mr. Kastens an email memorializing our discussion, including
`
`26
`
`his agreement to defer the Rule 30(b)(6) deposition related to Joe Security. Attached hereto as
`
`27
`
`Exhibit 5 is a true and correct copy of that email.
`
`28
`
`
`
`
`
`
`- 1 -
`
`DECLARATION OF JOSHUA GLUCOFT ISO
`JUNIPER’S OPPOSITION TO FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
`Case No. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 435-3 Filed 04/12/19 Page 3 of 5
`
`
`
`1
`
`6.
`
`Attached hereto as Exhibit 6 is a true and correct copy of excerpts of the deposition
`
`2
`
`transcript of Yuly Tenorio.
`
`3
`
`7.
`
`Attached hereto as Exhibit 7 is a true and correct copy of excerpts of the deposition
`
`4
`
`transcript of Raju Manthena.
`
`5
`
`8.
`
`Attached hereto as Exhibit 8 is a true and correct copy of excerpts of the deposition
`
`6
`
`transcript of Chandra Nagarajan.
`
`7
`
`8
`
`9
`
`9.
`
`Attached hereto as Exhibit 9 is a true and correct copy of excerpts of the transcript
`
`of the December trial in this matter.
`
`10.
`
`Juniper has previously informed Finjan via email that Juniper’s response to
`
`10
`
`Finjan’s interrogatory number 12 contains a typo and should read “Amazon S3” instead of
`
`11
`
`“Amazon RDS” on line 8 of page 14 the document titled “Defendant Juniper Networks, Inc.’s
`
`12
`
`Response To Plaintiff Finjan’s Inc.’s Fourth Set Of Interrogatories” dated May 29, 2018.
`
`13
`
`11.
`
`Attached hereto as Exhibit 10 is a true and correct copy of the document bearing
`
`14
`
`Bates JNPR-FNJN_29040_01455978 through _01455991, which Juniper produced on November
`
`15
`
`6, 2018.
`
`16
`
`12.
`
`Attached hereto as Exhibit 11 is a true and correct copy of the document bearing
`
`17
`
`Bates JNPR-FNJN_29040_01457211 through _01457216, which Juniper produced on November
`
`18
`
`6, 2018.
`
`19
`
`13.
`
`Attached hereto as Exhibit 12 is a true and correct copy of the document bearing
`
`20
`
`Bates JNPR-FNJN_29040_01457124 through _01457154, which Juniper produced on November
`
`21
`
`6, 2018.
`
`22
`
`14.
`
`Attached hereto as Exhibit 13 is a true and correct copy of the document bearing
`
`23
`
`Bates JNPR-FNJN_29040_01464974 through _01465002, which Juniper produced on November
`
`24
`
`6, 2018.
`
`25
`
`15.
`
`Attached hereto as Exhibit 14 is a true and correct copy of the document bearing
`
`26
`
`Bates JNPR-FNJN_29040_01462047 through _01462075, which Juniper produced on November
`
`27
`
`6, 2018.
`
`28
`
`
`
`
`- 2 -
`
`DECLARATION OF JOSHUA GLUCOFT ISO
`JUNIPER’S OPPOSITION TO FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
`Case No. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 435-3 Filed 04/12/19 Page 4 of 5
`
`
`
`1
`
`2
`
`16.
`
`The deposition of Finjan’s infringement expert, Dr. Eric Cole, took place on
`
`November 14, 2018. The deposition of Juniper’s infringement expert, Dr. Avi Rubin, took place
`
`3
`
`on November 9, 2018.
`
`4
`
`5
`
`6
`
`7
`
`17.
`
`The high-level diagram of Sky ATP appearing in Juniper’s opposition initially
`
`appeared as demonstrative slide number 45 attached to the rebuttal expert report of Dr. Rubin,
`
`served on Finjan on October 11, 2018.
`
`18.
`
`Juniper’s response to Finjan’s third set of RFPs related to Joe Security stated (after
`
`8
`
`several specific objections):
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Subject to these specific objections and the General Objections
`incorporated herein, Juniper responds that it has already
`completed its technical production detailing the operation of
`Sky ATP, which includes both the complete Sky ATP source
`code as well as many thousands of pages of technical
`specifications, design and development documents, and
`administration guides. Juniper further responds, subject to
`these specific objections and the General Objections
`incorporated herein, that it has already produced licenses with
`Joe Security for products used by Sky ATP. If Finjan believes
`that additional discovery is somehow proportional to the needs
`of the case, Juniper is willing to meet and confer with Finjan to
`understand exactly what other types of documents Finjan
`believes are relevant and proportional to the needs of the case.
`
`Dkt. 412-8 at, e.g., 8. After Juniper served these objections and responses, Finjan did not reach
`
`out to Juniper to meet and confer regarding the production of additional Joe Security documents
`
`until after the December 2018 trial.
`
`19.
`
`On December 17, 2018, Finjan sent a letter to Juniper asking Juniper to produce
`
`certain documents by January 28, 2019. Dkt. 412-16 at 2-3. Juniper promptly investigated the
`
`issues raised in Finjan’s letter and located twelve additional Joe Security documents. Those
`
`documents were produced on February 4, 2019.
`
`20.
`
`Attached hereto as Exhibit 15 is Finjan’s infringement contentions related to the
`
`‘494 Patent as asserted against Sky ATP.
`
`21.
`
`Attached hereto as Exhibit 16 is the complete transcript of February 7, 2019
`
`deposition of Khurram Islah as Juniper’s Rule 30(b)(6) witness on the topic of “Any efforts by
`
`
`
`
`- 3 -
`
`DECLARATION OF JOSHUA GLUCOFT ISO
`JUNIPER’S OPPOSITION TO FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
`Case No. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 435-3 Filed 04/12/19 Page 5 of 5
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`Juniper to incorporate or use any technologies provided by Joe Security LLC into any of the
`
`Accused Products, including identification of all technologies provided by Joe Security LLC to
`
`Juniper, a description of how the technologies provided by Joe Security LLC are incorporated by
`
`or used by the Accused Products, a description of how the technologies provided by Joe Security
`
`are hosted or managed by Juniper, and identification of the relevant source code.” That deposition
`
`took place after Juniper had produced the twelve additional Joe Security documents. I performed
`
`a keyword search for the word “database” and it does not appear in the transcript..
`
`8
`
`//
`
`9
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`10
`
`foregoing is true and correct to the best of my knowledge. Executed this 12th day of April, 2019
`
`11
`
`at Los Angeles, California.
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`
`By: /s/ Joshua Glucoft
`Joshua Glucoft (SBN 301249)
`
`
`- 4 -
`
`DECLARATION OF JOSHUA GLUCOFT ISO
`JUNIPER’S OPPOSITION TO FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
`Case No. 3:17-cv-05659-WHA
`
`