Case 3:17-cv-05659-WHA Document 504-6 Filed 06/03/19 Page 1 of 3
`Case 3:17-cv-05659-WHA Document 504-6 Filed 06/03/19 Page 1 of 3
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`EXHIBIT 6
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`Case 3:17-cv-05659-WHA Document 504-6 Filed 06/03/19 Page 2 of 3
`Case 3:17-cv-05659-WHA Document 504-6 Filed 06/03/19 Page 2 of 3
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`APPEARANCES (CONTINUED):
`
`IRELL & MANELLA LLP
`For Defendant:
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`JONATHAN S. KAGAN, ESQ.
`ALAN 3. HEINRICH, ESQ.
`JOSHUA GLUCOFT, ESQ.
`CASEY CURRAN, ESQ.
`IRELL & MANELLA LLP
`840 Newport Center Drive, Suite 400
`Newport Beach, California 92660
`BY: REBECCA CARSON, ESQ.
`
`BY:
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`E
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`IBITS
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`201
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`TRIAL EXHIBITS
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`COoOnNINDUNBRWH—
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`Volume 2
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`Pages 198 - 397
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`BEFORE THE HONORABLE WILLIAM H. ALSUP, JUDGE
`INC.,
`)
`Plaintiff,
`}
`}
`}
`}
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`FINJAN,
`
`VS.
`INC.,
`JUNIPER NETWORKS,
`Defendant.
`
`No. C 17-5659 WHA
`
`San Francisco, California
`Tuesday, December 11, 2018
`NGS
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`RANSCAIPT
`
`OF PR
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`APPEARANCES:
`For Plaintiff:
`
`BY:
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`KRAMER, LEVIN, NAFTALIS & FRANKEL LLP
`990 Marsh Road
`:
`Menlo park, California 94025
`PAUL J, ANDRE, ESQ.
`LISA KOBIALKA, ESQ.
`JAMES HANNAH, ESQ.
`KRAMER LEVIN NAFTALIS AND FRANKEL LLP
`1177 Avenue of the Americas
`New York, New York 10036
`BY: CRISTINA LYNN MARTINEZ, ESQ.
`
`(Appearances continued on next page)
`
`Reported By:
`
`Katherine Powell Sullivan, CSR No. 5812, RMR, CRR
`Jo Ann Bryce, CSR No. 3321, RMR, CRR
`Official Reporters
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`INDEX
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`200
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`Tuesday, December 11, 2018 - Volume 2
`PLAINTIFE'S WITNESSES
`MS.
`HAgRY
`(8
`(PREVIOUSLY SWORN)
`Direct Examination resumed by Mr, Andre
`Cross-Exanination by Mr. Kagan
`Redirect Examination by Mr. Andre
`HARTSTEIN, PHILIP
`.
`(SWORN)
`Direct Examination by Ms. Kobialka
`Cross-Examination by Ms. Carson |
`Redirect Examination by Ms. Kobialka
`KROLL,
`DAVID
`(SHORN)
`Direct Examination by Mr. Hannah
`Cross-Examination by Mr. Heinrich
`Redirect Examination by Mr. Hannah
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`NAGARAJAN, CHANDRA
`By Videotaped Deposition
`LE
`SWORN
`Direct Examination by Mr. Andre
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`PAGE VOL.
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`Case 3:17-cv-05659-WHA Document 504-6 Filed 06/03/19 Page 3 of 3
`Case 3:17-cv-05659-WHA Document 504-6 Filed 06/03/19 Page 3 of 3
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`PROCEEDINGS
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`7:28 a.m.
`
`202
`
`Tuesday - December 11.2018
`PROCEEDINGS
`—000—
`(Proceedings were heard outofthe presence oftheJury:)
`THE COURT: All right. Be seated.
`Okay.
`I wantto first -- I tried very hard but could
`not -- I'm handing back to Juniperall ofthose depositions
`that you handed meyesterday.
`I can't believe that the lead
`partner on this case didn't lookat this before you -- look at
`how -- look at some of those. Some ofthem are so blue.
`They're over-- the blue highlighting is so dark you cannot--
`it’s, like, redacted. AndI tried my best with my weak eyesat
`age 73 to read throughthe blue, and I could not.
`I finally
`gave up. You've got to resubmitit.
`Theotherthing that's wrong,thisis less. Please tag
`every place that needs a ruling. There were notags.
`MR. KAGAN: Your Honor, these had tags when we
`submitted them. I'm not sure --
`THE COURT: Well, they didn't.
`
`I didn't take any tags)
`
`off.
`
`Did wetake any tagsoff?
`THE LAW CLERK: Thosewere e-mailed Sunday sowe}
`printed themout.
`THE COURT: Well, where's the stack that you-- I
`didn't hear you. Comeuphere andtell me.
`
`203
`
`PROCEEDINGS
`.
`.
`Now,see, you're getting my law clerk in trouble. You
`knowthat's going to be bad for you.
`(Pause in proceedings.)
`THE COURT: All right. So this stack right here, who
`gave methat stack?
`MR. KAGAN; This was from — this was Finjan's
`submission, Your Honor.
`THE COURT: All right. Handit to Finjan.
`MR. ANDRE: Your Honor, these --
`THE COURT: You'rethe onethat's in trouble, and I'm
`telling you I could not read that dark blue.
`I tried very
`hard.
`I was almost going to give you aneyetest to see ifyou
`could readit right now.
`All right. Now,that is impossible to read. So you've
`got to resubmitit.
`I did make
`I did not -- | started trying to rule on them.
`afew rulings, butI'mjust going to start over with a fresh
`set.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`[5
`16
`17
`18
`Mybasicideais all of it comes into evidence, but I am
`19
`notthere yet.
`I should do myjob and makerulings.
`20
`All right. So there. That's -- all right. So
`21
`22 misunderstood.
`23
`Here,I got a differentstack that looked exactly the
`24
`same. This one is from you andit does havethetags.
`25
`All right. Now,let's see -- but I'm handingit back
`
`Next, Mathena, principal software engineer. Now, you
`18
`differentcasefrom 2015.
`claim he’s not an agent andso forth.
`19
`THE COURT:
`Is hestill associated with Finjan?
`>So
`MR. KAGAN: He works -- we're hearing deposition read
`20
`MR. KAGAN: Yes, Your zene
`
`L>
`from his supervisor.
`21
`THE COURT: Noy
`Y
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`gottobringhimyourself. You car 4 et away wil 22 THE COURT: All right. Let me askyou. Areyou going
`
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`depositiaieenSomes! 23 to present him yourself?
`
`Noro
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`Nowm
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`MR. ANDRE: Your Honor--
`THE COURT: Bring him from-- helives inIsrael;
`
`24
`25
`
`MR. KAGAN: No, Your Honor.
`THE COURT: Why don't youjust subpoena the guy?
`
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`PROCEEDINGS
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`PROCEEDINGS
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`right?
`
`205
`
`1
`becauseit's got dark blue too. Please. So I was correct
`MR. ANDRE: Helivesin Israel.
`2
`about the dark blue.
`I can't read throughthat. It can't be
`THE COURT: Bring him. He's your guy. He's your
`3
`so dark thatit's effectively redacted. It has to be a
`founder, He works for you. You canget him on an airplane and
`4
`different coloror something.
`I don't know,pink andyellow,
`get himoverhere. You're not going to get away with doing
`5
`light green, but not dark blue.
`that, no.
`6
`Okay. That's enough onthat subject.
`MR. ANDRE: Your Honor, he has bloodclotissues in
`7
`Next, I got motions overnight.
`| want you to know
`his legs.
`8
`something. You can't just bombard me with miscellaneous,
`THE COURT: Too bad. Too bad.
`9
`big-firm objections. Andthis is not a deposition. Thisis a
`MR. ANDRE: Okay.
`10
`trial and youare acting like a big firm sending me multiple
`THE COURT: He's your guytrying to make millions of
`1]
`motions overnighttelling me to knock out their case. Well,I
`dollars off ofthis case.
`12
`don't have muchpatienceforthat.
`— &.
`
`Thatfirstone,Juniper'sObjectionstofinjan'sRequest 13 MR. ANDRE: Your Honor, he's not --
`
`toPresenttheDepositionTestimonyofShlomoTouboul.All
`THE COURT: ‘GaceeRAER
`14
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`
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`right. veryshortorder,tellIn mewhat yourobjectionis 15 getar th
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`MR. KAGAN: Sothisisnotadepositionthatwastaken 16 n 1 {
`
`
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`inthiscase. Thisisadepositionoftheirinventorfroma.17 sfeoSSeSpiiepeMUERTE
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