Case 3:17-cv-05659-WHA Document 435-8 Filed 04/12/19 Page 1 of 2
`Case 3:17-cv-05659-WHA Document 435-8 Filed 04/12/19 Page 1 of 2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 5
`EXHIBIT 5
`
`
`
`
`
`
`
`
`

`

`Case 3:17-cv-05659-WHA Document 435-8 Filed 04/12/19 Page 2 of 2
`
`Holland, Eileen
`From:
`Sent:
`To:
`
`Cc:
`
`Subject:
`
`Glucoft, Josh
`Monday, November 5, 2018 5:19 PM
`~Kastens, Kristopher; ~Andre, Paul; ~Caire, Yuridia; ~Hannah, James; ~Hedvat,
`Shannon; ~Kastens, Kristopher; ~Kobialka, Lisa; ~Lee, Hannah; ~Lee, Michael; ~Manes,
`Austin; ~Martinez, Cristina; ~Nguyen, Stephanie
`Kagan, Jonathan; Carson, Rebecca; Curran, Casey; Song, Sharon; Wang, Kevin;
`#Juniper/Finjan [Int]
`Depositions
`
`Kris,
`
` write to memorialize our call today.
`
` I
`
`
`Juniper does not at this time intend to call Mr. Marcellin or Mr. Kuznetsov at the December 10 trial, and I understand that
`Finjan does not at this time intend to call Mr. Touboul at the December 10 trial. Accordingly, we would agree to postpone
`the depositions of Mr. Marcellin, Mr. Kuznetsov, and Mr. Touboul until after the December 10 trial; please confirm.
`
`We can accept the proposed November 16 date for Mr. Kroll’s deposition at Kramer Levin. Mr. Coonan’s deposition that
`same day will take place at Juniper’s headquarters in Sunnyvale rather than at your offices, per your request. Please
`confirm Mr. Bushong’s deposition for November 15 at Juniper's headquarters by the end of tomorrow. As I mentioned,
`Mr. Bushong does not have any other availability in November due to pre-scheduled holiday and work commitments.
`
`As we agreed on our call, the parties will exchange summaries of hours/fees billed by the experts on the following
`schedule:
`•
`•
`•
`
`Bims: before his deposition
`Arst/Rubin: Nov 7 at noon
`Cole: Nov 12 at noon
`
`
`Please provide a date certain for Dr. Orso’s production, as Finjan has agreed. Relatedly, we do not believe that the expert
`engagement letters for this matter are properly considered work product; Finjan itself subpoenaed this information from
`Dr. Rubin and Dr. Ugone, and the case law is clear that this information is discoverable. We urge Finjan to reconsider its
`position. If you do not confirm that Finjan will produce its retention letters with its experts by end of day tomorrow,
`Juniper will raise this issue with the Court.
`
`Lastly, you agreed to defer until after the December 10 trial the deposition on the first 30(b)(6) topic ("Any efforts by
`Juniper to incorporate or use any technologies provided by Joe Security LLC….”). We will be designating Ms. Gupta for
`the third topic (“Development and research costs associated with each of the Accused Products”). As I noted on our call
`with regard to the second topic, Juniper does not track “[t]he total number of threats, malware, files detected, classified,
`analyzed or received by each of the Accused Products.” But if Finjan nevertheless wishes to pursue a deposition on this
`topic before the December trial, please let us know.
`
`Thanks,
`Josh
`
`
`____________________________________________________________________
`Joshua P. Glucoft | Irell & Manella LLP | 310.203.7189 | www.irell.com
`
`
`1
`
`