Case 3:17-cv-05659-WHA Document 532-2 Filed 06/14/19 Page 1 of 8
`Case 3:17-cv-05659-WHA Document 532-2 Filed 06/14/19 Page 1of8
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`EXHIBIT B
`EXHIBIT B
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`Case 3:17-cv-05659-WHA Document 532-2 Filed 06/14/19 Page 2 of 8
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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
`
`Rebecca Carson (SBN 254105)
`rcarson@irell.com
`Ingrid 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
`
`Attorneys for Defendant
`JUNIPER NETWORKS, INC.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`FINJAN, INC., a Delaware Corporation,
`)
`Case No. 3:17-cv-05659-WHA
`
`)
`
`JUNIPER NETWORKS, INC.’S
`Plaintiff,
`)
`SECOND SET OF INTERROGATORIES
`
`)
`DIRECTED TO FINJAN, INC.
`vs.
`
`)
`(NOS. 11-14)
`
`)
`JUNIPER NETWORKS, INC., a Delaware
`)
`Corporation,
`)
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`)
`)
`)
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`PROPOUNDING PARTY: Defendant JUNIPER NETWORKS, INC.
`RESPONDING PARTY:
`Plaintiff FINJAN, INC.
`SET NO.:
`TWO
`
`Defendant.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10684233
`
`
`JUNIPER NETWORKS, INC.’S SECOND SET OF
`INTERROGATORIES DIRECTED TO FINJAN, INC.
`(Case No. 3:17-cv-05659-WHA)
`
`
`
`

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`Case 3:17-cv-05659-WHA Document 532-2 Filed 06/14/19 Page 3 of 8
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`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, and the Local Civil
`Rules of this Court, Defendant Juniper Networks, Inc. (“Juniper”) hereby requests that Plaintiff
`Finjan, Inc. (“Finjan”) answer in writing and under oath the following Second Set of Interrogatories
`within thirty (30) days after service hereof in accordance with the following definitions and
`instructions. Answers are to be signed and verified by the person making them and objections signed
`by the attorney making them.
`DEFINITIONS AND INSTRUCTIONS
`Each of these definitions and instructions is incorporated into each of the interrogatories to
`which it pertains.
`1.
`The term “Complaint” means the Complaint For Patent Infringement and Demand
`for Jury Trial filed by Finjan on September 29, 2017.
`2.
`The term “Juniper” means Juniper Networks, Inc., the defendant in the above-
`captioned matter.
`3.
`“Patent” refers to any United States, international, or foreign classes or types of
`patents, utility models, design patents, applications (including provisional applications), certificates
`of invention, reissues, divisionals, continuations, continuations-in-part, 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.
`4.
`“Patent-in-Suit” or “Patents-in-Suit” shall mean any or all of the Asserted Patents
`identified in Finjan’s Complaint filed on September 29, 2017, which are U.S. Patent No. 6,154,844,
`U.S. Patent No. 6,804,780, U.S. Patent No. 7,647,633, U.S. Patent No. 7,613,926, U.S. Patent No.
`8,141,154, U.S. Patent No. 8,677,494, and U.S. Patent No. 7,418,731.
`5.
`The term “Asserted Claims” means the claims that Finjan is asserting in this case,
`which include: Claims 1, 15, and 41 of the ’844 Patent; Claims 1 and 9 of the ’780 Patent; Claims
`15 and 22 of the ’926 Patent; Claims 1, 8, 14, and 19 of the ’633 Patent; Claim 1 of the ’154 Patent;
`Claims 10, 14, 16, and 18 of the ’494 Patent; and Claims 1 and 17 of the ’731 Patent.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10684233
`
`
`JUNIPER NETWORKS, INC.’S SECOND SET OF
`INTERROGATORIES DIRECTED TO FINJAN, INC.
`(Case No. 3:17-cv-05659-WHA)
`
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`Case 3:17-cv-05659-WHA Document 532-2 Filed 06/14/19 Page 4 of 8
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`6.
`The terms “You,” “Your,” “Finjan,” and “Plaintiff” mean Finjan, Inc., including
`without limitation all of its corporate locations, and all predecessors, successors, subsidiaries,
`parents, and affiliates, and all past or present directors, officers, agents, representatives, employees,
`consultants, attorneys, entities acting in joint-venture or partnership relationships with Finjan, Inc.,
`and others acting on Finjan’s behalf or on whose behalf Finjan has acted or is acting.
`7.
`The term “prior art” means all information relating or potentially relating to the
`patentability of the Patents-in-Suit, including patents, publications, prior inventions, facts and events
`relating to prosecution proceedings for patent applications having common ownership or
`inventorship with the application that led to the Patents-in-Suit, and all other prior art as defined in
`35 U.S.C. §§ 102-103 and other applicable federal statutes and case law.
`8.
`The term “person” refers to any natural person, firm, association, organization,
`partnership, sole proprietorship, business trust, corporation or entity.
`9.
`The term “communication” shall mean any conversation, discussion, letter,
`memorandum, note, e-mail, voice mail, or other transfer of information, whether written, oral,
`electronic, or by any other means, and includes any document or other medium which abstracts,
`digests, records, or transcribes any such communication, or any subsequent review or discussion of
`such communication, whether occurring at meetings or otherwise.
`10.
`The terms “document” or “documents” are used herein in their customary broad
`sense, and mean any kind of printed, recorded, written, graphic, or photographic matter (including
`tape recordings), however printed, produced, reproduced, coded or stored, of any kind or
`description, whether sent or received or not, including originals, copies, drafts, and both sides
`thereof, and including papers, books, charts, graphs, photographs, drawings, correspondence,
`telegrams, cables, telex messages, memoranda, notes, notations, work papers, routing slips, intra-
`and inter-office communications, electronic mail, affidavits, statements, opinions, court pleadings,
`reports, indices, studies, analyses, forecasts, evaluations, contracts, computer printouts, data
`processing input and output, computer programs, microfilms, microfiche, all other records kept by
`electronic, photographic, or mechanical means, and things similar to any of the foregoing, regardless
`of their author or origin, of any kind.
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10684233
`
`
`JUNIPER NETWORKS, INC.’S SECOND SET OF
`INTERROGATORIES DIRECTED TO FINJAN, INC.
`(Case No. 3:17-cv-05659-WHA)
`
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`Case 3:17-cv-05659-WHA Document 532-2 Filed 06/14/19 Page 5 of 8
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`11.
`The terms “and” and “or” are terms of inclusion and not of exclusion and are to be
`construed either disjunctively or conjunctively as necessary to bring within the scope of these
`interrogatories any information which might be construed to be outside their scope.
`12.
`Nouns, whether singular or plural herein, shall be construed either as singular or
`plural as necessary to bring within the scope of these interrogatories any information which might
`otherwise be construed to be outside their scope.
`13.
`The phrases “related to” or “relating to” mean refer to, concern, mention, reflect,
`summarize, evidence, involve, describe, discuss, respond to, support, contradict, constitute, or
`comment on, in whole or in part.
`14.
`The phrase “Set Forth the Complete Basis” means to state the complete factual and
`legal basis, if any, including without limitation by identifying any Documents and identifying any
`persons with knowledge and the knowledge that You allege they possess.
`15.
`The term “including” means “including without limitation,” as appropriate, so as to
`bring within the scope of the interrogatory all responses that might otherwise be construed to be
`outside of its scope. The term “all” means “any and all,” as appropriate.
`16.
`The terms “identify” or “identity,” when used in connection with an individual
`means: state the individual’s full name; his or her home and business address; his or her present
`employer; his or her position, title, or job description; and, if employed by You, the individual’s
`dates and regular places of employment, and general duties.
`17.
`The terms “identify” or “identity,” when used in connection with a company,
`corporation, association, partnership, joint venture, or any legal entity other than a natural person,
`means: state its full name and type of organization or entity; the address of its principal place of
`business; its date and place of incorporation; and identify its officers, directors, and managing
`agents.
`18.
`The terms “identify” or “identity,” when used in connection with an oral statement
`mean: state the name of the speaker; the date of the statement; the place at which the statement was
`made; the person or persons to whom the statement was addressed, if practicable, and otherwise a
`general description of the persons to whom the statement was addressed; the subject matter of the
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10684233
`
`
`JUNIPER NETWORKS, INC.’S SECOND SET OF
`INTERROGATORIES DIRECTED TO FINJAN, INC.
`(Case No. 3:17-cv-05659-WHA)
`
`- 3 -
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`Case 3:17-cv-05659-WHA Document 532-2 Filed 06/14/19 Page 6 of 8
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`statement; and if the statement was memorialized in writing or mechanical or other recording, state
`the date and present location of said writing or mechanical or other recording.
`19.
`The terms “identify” or “identity,” when used in connection with a written statement
`or document mean: state the name of the author; the type of document or writing; the date; the
`addressee, or recipient, if practicable, and otherwise a general description of the persons to whom
`the writing was distributed; a description of the subject matter of the document with the specificity
`required to allow it to be requested by subpoena or a request for production of documents; the
`present custodian of the document; and the present location. In lieu of such identification, You may
`attach a copy of the writing containing said statement and refer thereto in Your answer.
`20. Where knowledge or information in Your possession is requested, the request
`extends to knowledge or information in the possession of Your predecessors and/or successors, as
`well as to information in the possession of Your officers, directors, agents, employees, servants,
`representatives and, unless privileged, attorneys. Whenever an answer to these interrogatories
`contains information which is not based upon Your personal knowledge, state the source and nature
`of such information.
`21.
`If, after conducting a reasonable investigation to secure the information requested,
`You cannot fully answer an individual interrogatory or any part thereof, please state the reasons for
`the inability to fully answer, answer the individual interrogatory to the fullest extent possible, and
`state what information, knowledge, or belief You have concerning the unanswered portion.
`22.
`For any information withheld based on any ground, including privilege, please
`provide a written statement setting forth: (a) the date of the document; (b) the nature of the privilege
`or doctrine Finjan claims; (c) the identity of all persons who prepared, signed, or sent the document;
`(d) the identity of all persons designated as addressees; (e) the identity of all persons who received
`or were shown any copy of the document; (f) the subject matter of the document with requisite detail
`and specificity to permit evaluation of any claim of privilege; (g) the type of document (e.g.,
`memorandum, pamphlet, report, etc.); (h) the purpose for which the document was prepared; (i) the
`non-privileged contents of the information, if any portion thereof is not subject to a claim of
`
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`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10684233
`
`
`JUNIPER NETWORKS, INC.’S SECOND SET OF
`INTERROGATORIES DIRECTED TO FINJAN, INC.
`(Case No. 3:17-cv-05659-WHA)
`
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`Case 3:17-cv-05659-WHA Document 532-2 Filed 06/14/19 Page 7 of 8
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`privilege; and (j) an explanation of the basis for withholding, including all supporting factual and
`legal bases as well as the identity of each person having knowledge of said factual and legal bases.
`23.
`If, in responding to any interrogatory, You elect to produce business records pursuant
`to Rule 33(d) of the Federal Rules of Civil Procedure, specify the particular records from which the
`answer may be derived or ascertained in sufficient detail to permit Juniper to locate and identify the
`precise pages or records from which the answer may be ascertained as readily as You may ascertain
`such an answer.
`24.
`All responses to these Interrogatories require supplementation and correction as
`prescribed by Rule 26 of the Federal Rules of Civil Procedure.
`INTERROGATORIES
`
`INTERROGATORY NO. 11:
`Individually for each element of the Asserted Claims of the Patents-in-Suit, describe what
`You contend is the scope of equivalents to which that element is entitled under the doctrine of
`equivalents and Set Forth the Complete Basis for Your contention.
`INTERROGATORY NO. 12:
`To the extent that Finjan contends that its asserted Patent claims are not invalid for the
`reasons set forth in Juniper’s invalidity contentions and requests for inter partes review of the
`Patents-in-Suit, Set Forth the Complete Basis for Your contentions (including identification of all
`supporting facts, documents, and persons with knowledge), including, for each prior art reference
`and combination of references disclosed by Juniper: (a) a chart identifying every claim element that
`You contend is not disclosed (either explicitly or implicitly) in such prior art reference or
`combination of references; and (b) Your complete alleged factual and legal basis and evidentiary
`support for such contention regarding each such element.
`INTERROGATORY NO. 13:
`Set Forth the Complete Basis for Your claim for damages from Juniper, including, without
`limitation: (a) the dollar amount of damages You are claiming; (b) how this dollar amount was
`calculated; (c) the legal theory (e.g., lost profits, reasonable royalty, etc.) that You contend supports
`Your claim for damages; (d) any royalty rate that You contend should be applied in assessing
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10684233
`
`
`JUNIPER NETWORKS, INC.’S SECOND SET OF
`INTERROGATORIES DIRECTED TO FINJAN, INC.
`(Case No. 3:17-cv-05659-WHA)
`
`- 5 -
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`Case 3:17-cv-05659-WHA Document 532-2 Filed 06/14/19 Page 8 of 8
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`damages, including the basis for such a royalty rate; (e) a description of the royalty base that You
`contend should be used in assessing damages, including the basis for such a royalty base; and (f) an
`itemization of all such damages.
`INTERROGATORY NO. 14:
`Set Forth the Complete Basis for why each of the non-infringing alternatives identified by
`Juniper in its Responses to Finjan’s Interrogatory No. 9 are not viable.
`
`Dated: May 28, 2019
`
`Respectfully submitted,
`
`IRELL & MANELLA LLP
`
`By: Rebecca L. Carson
`Rebecca L. Carson
`Attorneys for Defendant
`JUNIPER NETWORKS, INC.
`
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`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10684233
`
`
`JUNIPER NETWORKS, INC.’S SECOND SET OF
`INTERROGATORIES DIRECTED TO FINJAN, INC.
`(Case No. 3:17-cv-05659-WHA)
`
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