Case 3:17-cv-05659-WHA Document 510-7 Filed 06/04/19 Page 1 of 5
`Case 3:17-cv-05659-WHA Document 510-7 Filed 06/04/19 Page 1of5
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`EXHIBIT 7
`EXHIBIT 7
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`Case 3:17-cv-05659-WHA Document 510-7 Filed 06/04/19 Page 1of5
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`EXHIBIT 7
`EXHIBIT 7
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`Official Reporter
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`KRAMER, LEVIN, NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, California 94025
`PAUL J. ANDRE, ESQ.
`LISA KOBIALKA, ESQ.
`KRIS KASTENS, ESQ.
`MISSY G. BRENNER, ESQ.
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`Case 3:17-cv-05659-WHA Document 510-7 Filed 06/04/19 Page 2 of 5
`Case 3:17-cv-05659-WHA Document 510-7 Filed 06/04/19 Page 2 of 5
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`Pages 1 - 49
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`BEFORE THE HONORABLE WILLIAM H. ALSUP,
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`JUDGE
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`No. C 17-5659 WHA
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`San Francisco, California
`Thursday, May 9, 2019
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`) ) ) ) )
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`FINJAN,
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`INC.,
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`Plaintiff,
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`vs.
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`JUNIPER NETWORKS,
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`INC.,
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`Defendant.
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`APPEARANCES :
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`For Plaintiff:
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`For Defendant:
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`TRANSCRIPT OF PROCEEDINGS
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`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`JONATHAN S. KAGAN, ESQ.
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`IRELL & MANELLA LLP
`840 Newport Center Drive, Suite 400
`Newport Beach, California 92660
`REBECCA CARSON, ESQ.
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`Reported By: Katherine Powell Sullivan, CSR No. 5812, RMR, CRR
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`46
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`a different date. My law clerk, who is so familiar with this
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`case,
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`is going to be leaving in November.
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`I'm going to be in Korea giving a patent speech.
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`I
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`actually may think about canceling it because these patent
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`cases are driving me crazy. And as soon as I'm eligible to
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`stop taking patent cases -- I'm serious. Cases like yours have
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`ruined me on this system because of the BS that goes on in
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`these cases.
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`But I -- you have four lawyers over there.
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`You don't --
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`you have a gigantic team on the Finjan side.
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`Somebody can try
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`this case.
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`It doesn't have to be you.
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`MR. ANDRE: Well,
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`I agree, Your Honor.
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`THE COURT:
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`So you're going to try it on October 29th.
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`And it's going to be every single issue left in the case is
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`going to go to trial.
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`But you're not going to get 50 hours of time per side.
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`It's going to be what you would get in a normal patent case,
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`which with some judges it's 10 hours. Maybe you'll get more
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`than that.
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`I have to wait until the final pretrial conference.
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`Then it would be over. O-v-e-r. And it will be the
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`Case 3:17-cv-05659-WHA Document 510-7 Filed 06/04/19 Page 3 of 5
`Case 3:17-cv-05659-WHA Document 510-7 Filed 06/04/19 Page 3 of5
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`in Judge Bencivengo's court in the
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`Federal Circuit's problem.
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`What did you want to say?
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`MR. ANDRE: Your Honor, if it was just me having a
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`conflict,
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`I wouldn't raise it for the Court. But Finjan has a
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`trial set for October 29th,
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`Case 3:17-cv-05659-WHA Document 510-7 Filed 06/04/19 Page 4 of 5
`Case 3:17-cv-05659-WHA Document 510-7 Filed 06/04/19 Page 4of5
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`47
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`Southern District of California.
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`THE COURT: You have plenty of lawyers here.
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`MR. ANDRE:
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`I know, but we don't have the witnesses.
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`Mr. Hartstein, who is Finjan's CEO, he is here today.
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`THE COURT:
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`Too bad.
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`MR. ANDRE:
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`He can't be here and there.
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`becauseyoucanalwaysjustvideot.‘apethetestimony.
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`THE COURT: Videotape MaybeI'llletyoudoitby
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`I have a law clerk who is going to be leaving.
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`I'm not
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`going to -- you have multiple lawyers. You've got multiple
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`witnesses. You can preserve the testimony.
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`And that other case will settle anyway.
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`I know how it
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`works. My law clerk,
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`though,
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`is not going to extend just so
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`Mr. Andre can have a stand around the water cooler.
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`No. You're going to go to trial on October 29th.
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`MR. ANDRE: Your Honor, we want to go to trial.
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`I
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`have experts who are overlapping.
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`THE COURT: No.
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`I cannot -- my law clerk is leaving
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`in November.
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`I have to get the case done by then.
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`MR. ANDRE: Could I ask for, maybe,
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`the Court's
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`assistance if I were to ask Judge Bencivengo to move our trial
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`date there so our witnesses could actually show up at trial?
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`THE COURT:
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`Go ahead. You can blame me.
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`Blame me and
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`blame my law clerk.
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`Case 3:17-cv-05659-WHA Document 510-7 Filed 06/04/19 Page 5 of 5
`Case 3:17-cv-05659-WHA Document 510-7 Filed 06/04/19 Page 5of5
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`48
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`MR. ANDRE: Okay.
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`So right now we're scheduled for
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`October 21st in this case --
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`THE COURT:
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`In my case?
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`MR. ANDRE:
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`-- and October 29th in one in San Diego.
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`So I'll talk to Judge Bencivengo.
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`THE COURT: October 21 in my case.
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`MR. ANDRE: Yeah.
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`So --
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`COURT:
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`I said 29.
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`I meant 21.
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`people in so many parts of the country that you have to be in
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`MR. ANDRE: We'll talk to Judge Bencivengo. We'll --
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`THE COURT:
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`I'm not asking -- don't say that
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`Judge Alsup is ordering. No. Youcanvideotapethetestimony
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`inmycase,andIwouldallowyoutopresentitbyvideotape.
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`Thatwouldbefine.Orjustaregulardeposition.
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`But she is leaving, and it would be a huge, huge problem
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`for me if I have to bring a new law clerk up to speed on
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`Finjan, or Juniper for that matter.
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`She understands this
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`technology, and I need her on this case.
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`MR. ANDRE: And, Your Honor, with that in mind,
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`is
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`there any -- I know there are some rules that if -- can counsel
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`leave and come back?
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`THE COURT: You can leave and come back.
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`MR. ANDRE: Okay.
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`THE COURT:
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`I'11l give you flexibility.
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`I'll explain to the jury that Finjan is suing so many
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