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`Case 3:17-cv-05659-WHA Document 435-3 Filed 04/12/19 Page 1 of 5
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`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
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`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
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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., a Delaware Corporation,
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`Plaintiff,
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`vs.
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`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
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`Defendant.
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`Case No. 3:17-cv-05659-WHA
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`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
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`Date:
`8:00 a.m.
`Time:
`Courtroom: Courtroom 12, 19th Floor
`Before:
`Hon. William Alsup
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`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
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`DECLARATION OF JOSHUA GLUCOFT
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`I, Joshua Glucoft, declare as follows:
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`1.
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`I am a member in good standing of the State Bar of California and an associate at
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`Irell & Manella LLP, counsel of record in this action for Defendant Juniper Networks, Inc.
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`(“Juniper”). The statements in this declaration reflect my current knowledge, and I could and
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`would testify competently thereto if called upon to do so. I make this declaration in support of
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`Juniper’s Opposition to Finjan’s Motion for Relief from Judgment Pursuant to Fed. R. Civ. P.
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`60(b).
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`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of the document bearing
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`Bates JNPR-FNJN_29035_00962471 through _00962499, which Juniper produced on July 12,
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`2018.
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`3.
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`Attached hereto as Exhibit 2 is a true and correct copy of the document bearing
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`Bates JNPR-FNJN_29040_01280968 through _01280978, which Juniper produced on November
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`6, 2018.
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`4.
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`Attached hereto as Exhibit 3 is a true and correct copy of the document bearing
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`Bates JNPR-FNJN_29040_01462115 thorough _01462143, which Juniper produced on November
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`6, 2018.
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`5.
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`On October 16, 2018, Kris Kastens, counsel for Finjan sent me an email requesting,
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`for the first time, a Rule 30(b)(6) deposition of Juniper. One of the requested topics related to Joe
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`Security. Attached hereto as Exhibit 4 is a true and correct copy of that email. On November 5,
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`2018, I conferred with Mr. Kastens to discuss, among other things, the timing of the requested
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`Rule 30(b)(6) depositions. I stated that the Rule 30(b)(6) deposition related to Joe Security
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`appeared to be irrelevant to the upcoming trial and that, as result, it might make sense for the
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`parties to defer the deposition until after the trial. Mr. Kastens agreed to defer the deposition until
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`after the trial. Later that day, I sent Mr. Kastens an email memorializing our discussion, including
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`his agreement to defer the Rule 30(b)(6) deposition related to Joe Security. Attached hereto as
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`Exhibit 5 is a true and correct copy of that email.
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`- 1 -
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`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
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`6.
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`Attached hereto as Exhibit 6 is a true and correct copy of excerpts of the deposition
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`transcript of Yuly Tenorio.
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`7.
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`Attached hereto as Exhibit 7 is a true and correct copy of excerpts of the deposition
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`transcript of Raju Manthena.
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`8.
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`Attached hereto as Exhibit 8 is a true and correct copy of excerpts of the deposition
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`transcript of Chandra Nagarajan.
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`Attached hereto as Exhibit 9 is a true and correct copy of excerpts of the transcript
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`of the December trial in this matter.
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`10.
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`Juniper has previously informed Finjan via email that Juniper’s response to
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`Finjan’s interrogatory number 12 contains a typo and should read “Amazon S3” instead of
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`“Amazon RDS” on line 8 of page 14 the document titled “Defendant Juniper Networks, Inc.’s
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`Response To Plaintiff Finjan’s Inc.’s Fourth Set Of Interrogatories” dated May 29, 2018.
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`11.
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`Attached hereto as Exhibit 10 is a true and correct copy of the document bearing
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`Bates JNPR-FNJN_29040_01455978 through _01455991, which Juniper produced on November
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`6, 2018.
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`12.
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`Attached hereto as Exhibit 11 is a true and correct copy of the document bearing
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`Bates JNPR-FNJN_29040_01457211 through _01457216, which Juniper produced on November
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`6, 2018.
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`13.
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`Attached hereto as Exhibit 12 is a true and correct copy of the document bearing
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`Bates JNPR-FNJN_29040_01457124 through _01457154, which Juniper produced on November
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`6, 2018.
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`14.
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`Attached hereto as Exhibit 13 is a true and correct copy of the document bearing
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`Bates JNPR-FNJN_29040_01464974 through _01465002, which Juniper produced on November
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`6, 2018.
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`15.
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`Attached hereto as Exhibit 14 is a true and correct copy of the document bearing
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`Bates JNPR-FNJN_29040_01462047 through _01462075, which Juniper produced on November
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`6, 2018.
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`- 2 -
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`DECLARATION OF JOSHUA GLUCOFT ISO
`JUNIPER’S OPPOSITION TO FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
`Case No. 3:17-cv-05659-WHA
`
`

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`Case 3:17-cv-05659-WHA Document 435-3 Filed 04/12/19 Page 4 of 5
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`16.
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`The deposition of Finjan’s infringement expert, Dr. Eric Cole, took place on
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`November 14, 2018. The deposition of Juniper’s infringement expert, Dr. Avi Rubin, took place
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`on November 9, 2018.
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`17.
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`The high-level diagram of Sky ATP appearing in Juniper’s opposition initially
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`appeared as demonstrative slide number 45 attached to the rebuttal expert report of Dr. Rubin,
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`served on Finjan on October 11, 2018.
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`18.
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`Juniper’s response to Finjan’s third set of RFPs related to Joe Security stated (after
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`several specific objections):
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`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.
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`Dkt. 412-8 at, e.g., 8. After Juniper served these objections and responses, Finjan did not reach
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`out to Juniper to meet and confer regarding the production of additional Joe Security documents
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`until after the December 2018 trial.
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`19.
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`On December 17, 2018, Finjan sent a letter to Juniper asking Juniper to produce
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`certain documents by January 28, 2019. Dkt. 412-16 at 2-3. Juniper promptly investigated the
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`issues raised in Finjan’s letter and located twelve additional Joe Security documents. Those
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`documents were produced on February 4, 2019.
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`20.
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`Attached hereto as Exhibit 15 is Finjan’s infringement contentions related to the
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`‘494 Patent as asserted against Sky ATP.
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`21.
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`Attached hereto as Exhibit 16 is the complete transcript of February 7, 2019
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`deposition of Khurram Islah as Juniper’s Rule 30(b)(6) witness on the topic of “Any efforts by
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`- 3 -
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`DECLARATION OF JOSHUA GLUCOFT ISO
`JUNIPER’S OPPOSITION TO FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
`Case No. 3:17-cv-05659-WHA
`
`

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`Case 3:17-cv-05659-WHA Document 435-3 Filed 04/12/19 Page 5 of 5
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`Juniper to incorporate or use any technologies provided by Joe Security LLC into any of the
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`Accused Products, including identification of all technologies provided by Joe Security LLC to
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`Juniper, a description of how the technologies provided by Joe Security LLC are incorporated by
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`or used by the Accused Products, a description of how the technologies provided by Joe Security
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`are hosted or managed by Juniper, and identification of the relevant source code.” That deposition
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`took place after Juniper had produced the twelve additional Joe Security documents. I performed
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`a keyword search for the word “database” and it does not appear in the transcript..
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`//
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct to the best of my knowledge. Executed this 12th day of April, 2019
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`at Los Angeles, California.
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`By: /s/ Joshua Glucoft
`Joshua Glucoft (SBN 301249)
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`- 4 -
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`DECLARATION OF JOSHUA GLUCOFT ISO
`JUNIPER’S OPPOSITION TO FINJAN’S
`MOTION FOR RELIEF FROM JUDGMENT
`Case No. 3:17-cv-05659-WHA
`
`