Case 3:17-cv-05659-WHA Document 484-7 Filed 05/22/19 Page 1 of 9
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
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`UNITED STATES DISTRICT COURT
`for the
` Northern District of California
`__________ District of __________
`
`Civil Action No.
`
`3:17-cv-05659-WHA
`
`))))))
`
`FINJAN, INC., a Delaware Corporation,
`Plaintiff
`v.
`JUNIPER NETWORKS, INC., a Delaware
`Corporation
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`Dawn-Marie Bey c/o, Kramer Levin Naftalis & Frankel LLP, 990 Marsh Road, Menlo Park, CA 94025
`
`To:
`
`(Name of person to whom this subpoena is directed)
`✔
`(cid:117) Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`See Exhibit A.
`
`Place:
`
`Joshua Glucoft, Irell & Manella LLP, 1800 Avenue of
`the Stars, Suite 900, Los Angeles, CA 90067
`
`Date and Time:
`
`05/10/2019 by 9:00 am
`
`(cid:117) Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`04/25/2019
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Joshua Glucoft
`Attorney’s signature
`
`Defendant Juniper
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`Networks, Inc.
`Joshua Glucoft, Irell & Manella LLP, 1800 Avenue of the Stars, Ste 900, Los Angeles, CA 90067, jglucoft@irell.com, (310) 277-1010
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

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`Case 3:17-cv-05659-WHA Document 484-7 Filed 05/22/19 Page 2 of 9
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
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`Civil Action No.
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`3:17-cv-05659-WHA
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`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`(cid:117) I served the subpoena by delivering a copy to the named person as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
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`

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`Case 3:17-cv-05659-WHA Document 484-7 Filed 05/22/19 Page 3 of 9
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
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`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
`(A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
`(B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
`(i) is a party or a party’s officer; or
`(ii) is commanded to attend a trial and would not incur substantial
`expense.
`
`(2) For Other Discovery. A subpoena may command:
`(A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
`(B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
`(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
`(2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
`(ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
`(3) Quashing or Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`(i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(e) Duties in Responding to a Subpoena.
`
`(1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
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`

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`Case 3:17-cv-05659-WHA Document 484-7 Filed 05/22/19 Page 4 of 9
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`EXHIBIT A
`
`DEFINITIONS
`
`Unless the context indicates otherwise, for purposes of these discovery requests the
`
`following words and phrases shall have the meanings given:
`
`1.
`
`“Communication” shall mean any contact between two or more persons and
`
`shall include without limitation: written contact by such means as any document or any form
`
`of electronic or mechanical method of correspondence including without limitation e-mail,
`
`internet posting, text messaging, instant messaging, chat messaging, or voicemail message.
`
`2.
`
`“Concerning,” “relating,” or “related” shall be construed broadly, and shall
`
`mean mentioning, discussing, referring to, pertaining to, reflecting, or consulting.
`
`3.
`
`“Document” shall be construed to the broadest possible meaning pursuant to
`
`the Federal Rules of Civil Procedure, and refers to all writings, tangible things, and property,
`
`of any kind, which is in your possession, custody, or control or to which you have had, or
`
`can obtain access. Where a copy of a document contains comments, markings or notations
`
`not found on prior or subsequent versions, such copy and prior or subsequent versions are
`
`considered separate documents.
`
`4.
`
`“Finjan” refers to Plaintiff Finjan, Inc., including all past or present divisions,
`
`departments, parents, subsidiaries, affiliates, partnerships, joint ventures, predecessors or
`
`successors thereof, and all past and present officers, directors, employees, agents,
`
`representatives, consultants, managers, partners, or attorneys thereof.
`
`5.
`
`6.
`
`“Juniper” refers to Defendant Juniper Networks, Inc.
`
`“Patent” refers to any United States, international, or foreign classes or types
`
`of patents, utility models, design patents, applications (including provisional applications),
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`10671939
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`Case 3:17-cv-05659-WHA Document 484-7 Filed 05/22/19 Page 5 of 9
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`
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`certificates of invention, reissues, divisionals, continuations, continuations-in-part,
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`extensions, renewals, reexaminations and foreign counterparts thereof. The defined term
`
`Patent includes all stated categories of intellectual property regardless of whether those
`
`rights are presently expired or were ever adjudged invalid.
`
`7.
`
`“Patents-in-Suit” refers to all of the patents at issue in the present litigation,
`
`which are U.S. Patent No. 8,677,494 (“the ’494 Patent”), U.S. Patent No. 6,154,844 (“the
`
`‘844 Patent”), U.S. Patent No. 6,804,780 (“the ‘780 Patent”), U.S. Patent No. 7,418,731
`
`(“the ‘731 Patent”), U.S. Patent No. 7,647,633 (“the ‘633 Patent”), and U.S. Patent No.
`
`8,141,154 (“the ‘154 Patent”).
`
`8.
`
`“You” or “Your” refers to Dawn-Marie Bey.
`
`INSTRUCTIONS
`
`1.
`
`You are required to produce all Documents responsive to these requests that
`
`are in your possession, custody, or control, including all those within the possession,
`
`custody, or control of your agents, representatives, and licensees and all those that can be
`
`obtained through reasonably diligent efforts.
`
`2.
`
`If any specific request cannot be complied with in full, you shall comply to
`
`the extent possible and explain why full compliance is not possible.
`
`3.
`
`Documents shall be produced in text-searchable image files (i.e., either PDF
`
`or TIFF format). The only Documents that may be produced in native format are files not
`
`easily converted to image format, such as Excel or media files. When scanning hard-copy
`
`Documents, you shall undertake reasonable efforts to ensure that distinct Documents are not
`
`merged into a single record and single Documents are not split into multiple records.
`
`4.
`
`The Documents produced should be organized and labeled to correspond to
`
`the categories in these requests. Alternatively, if Documents are produced as they are kept in
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`Case 3:17-cv-05659-WHA Document 484-7 Filed 05/22/19 Page 6 of 9
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`
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`the usual course of business, you should provide Documents sufficient to show that the
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`Documents produced have been produced as they are kept in the usual course of business.
`
`Documents attached to one another shall not be separated.
`
`5.
`
`If you withhold any Document or portion of a Document (including
`
`metadata) on the grounds that it is privileged, you must provide the following information in
`
`writing, at the time specified for production, with respect to each such Document:
`
`a. The nature of the privilege claimed;
`
`b. The facts relied upon for the basis of claiming privilege;
`
`c. The subject matter of the Communication or Document;
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`d. The date of the Communication or Document;
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`e. The name, organization, and position, if any, of each author, sender,
`
`signatory, and recipient of the Communication or Document;
`
`f. The name of the current or last known custodian of the Communication or
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`Document;
`
`g. The steps taken to ensure the confidentiality of the Communication or
`
`Document, including affirmation that no unauthorized persons have received
`
`the Communication;
`
`6.
`
`If requested Document are known to be destroyed, lost, or otherwise missing,
`
`please provide sufficient information to identify the document or class of Documents and
`
`state the details concerning the loss of such document. For each lost, destroyed or otherwise
`
`missing document or class of documents, state (i) the manner of disposal (i.e., loss,
`
`destruction or other means); (ii) the date of disposal; (iii) the reason for disposal; (iv) the
`
`person authorizing disposal; (v) the person disposing of the document; (vi) the name and
`
`address of the most recent custodian of the document.
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`
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`DOCUMENT REQUESTS
`
`REQUEST NO. 1:
`All retention letters, engagement agreements, and other consulting agreements
`between You and Finjan.
`REQUEST NO. 2:
`
`All invoices related to the Patents-in-Suit.
`REQUEST NO. 3:
`All petitions to accept unintentionally delayed claim of priority filed by you or
`bearing Your signature that were submitted to or filed with the USPTO.
`REQUEST NO. 4:
`All prior art that You considered during the prosecution of any of the Patents-in-Suit
`or any patents in the same family as the Patents-in-Suit.
`REQUEST NO. 5:
`All Documents related to the conception of any of the Patents-in-Suit.
`REQUEST NO. 6:
`All Documents related to the reduction to practice of any of the Patents-in-Suit.
`REQUEST NO. 7:
`All notes that You took related to the Patents-in-Suit.
`REQUEST NO. 8:
`All Communications with Shlomo Touboul.
`REQUEST NO. 9:
`All Communications with Yigal Edery.
`REQUEST NO. 10:
`All Communications with David Kroll.
`REQUEST NO. 11:
`All Communications with Nimrod Vered.
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`REQUEST NO. 12:
`All Communications with Marc Sockol.
`REQUEST NO. 13:
`All Communications with Marc Berger.
`REQUEST NO. 14:
`All Communications with Aaron Wininger.
`REQUEST NO. 15:
`All Communications with Eitan Law Group.
`REQUEST NO. 16:
`All Communications with Vladimir Sherman.
`REQUEST NO. 17:
`All Communications with Eppa Hite.
`REQUEST NO. 18:
`All Communications with Andrew Tiajoloff.
`REQUEST NO. 19:
`All Communications with Glenn Von Tersch.
`REQUEST NO. 20:
`All Communications with Michael Oblon.
`REQUEST NO. 21:
`All Communications with Eric Sophir.
`REQUEST NO. 22:
`All Communications with Daryl Josephson.
`REQUEST NO. 23:
`All Communications with Finjan.
`REQUEST NO. 24:
`All Communications related to Finjan, specifically including Communications
`related to SurfinGate.
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`REQUEST NO. 25:
`All Documents related to SurfinGate.
`REQUEST NO. 26:
`All Documents related to the Patents-in-Suit.
`REQUEST NO. 27:
`All Documents related to Finjan.
`
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`10671939
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