Case 3:17-cv-05659-WHA Document 634-9 Filed 11/30/20 Page 1 of 8
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`Exhibit 8
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`Case 3:17-cv-05659-WHA Document 634-9 Filed 11/30/20 Page 2 of 8
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`Payne, Stephen
`From:
`Sent:
`To:
`Subject:
`Attachments:
`
`Kagan, Jonathan
`Thursday, August 1, 2019 11:52 PM
`Holland, Eileen; Isaac, Shawana
`FW: Dismissal of pending claims and counterclaims
`KL3-#3236534-v3-Finjan_Juniper_-_Stip_Dismissal (002).docx
`
`
`
`From: Kagan, Jonathan
`Sent: Thursday, August 1, 2019 11:51 PM
`To: ~Andre, Paul <pandre@kramerlevin.com>
`Cc: Carson, Rebecca <RCarson@irell.com>; ~Kobialka, Lisa <lkobialka@kramerlevin.com>; ~Hannah, James
`<jhannah@kramerlevin.com>; ~Andre, Paul <pandre@kramerlevin.com>
`Subject: RE: Dismissal of pending claims and counterclaims
`
`Paul,
`
` I
`
` was very surprised and disappointed to see the draft stipulation you sent earlier today. Far from being a “clean
`dismissal of the claims and counterclaims,” Finjan is attempting to use what should be a straightforward process to
`attempt to gain a litigation advantage. We see this as yet another example of the improper litigation tactics Finjan has
`attempted to use throughout this litigation.
`
`For example, although the IPR for the ‘731 patent has nothing to do with the claims and counterclaims in this case—and
`the parties did not even discuss this IPR in connection with this stipulation—Finjan attempted to insert a provision into
`the proposed stipulation that would require Juniper to terminate the ‘731 IPR.
`
`Also, although Finjan had proposed that the stipulation would not be used as a “basis for attorney fees,” Finjan changed
`this language in the proposed stipulation to provide that the dismissal itself would not be used as a basis for attorneys’
`fees. This is entirely unacceptable (as you know) because Juniper must reference the fact that the claims have been
`dismissed to establish that Finjan obtained less than half of the amount it was seeking on each of these claims.
`
`If Finjan is genuinely interested in a stipulation that would dismiss all pending claims and counterclaims in this action, it
`can agree to the attached redline--which removes the improper language Finjan attempted to insert into the stipulation.
`
`-Jonathan Kagan
`
`
`From: Andre, Paul <PAndre@KRAMERLEVIN.com>
`Sent: Thursday, August 1, 2019 4:07 PM
`To: Kagan, Jonathan <JKagan@irell.com>
`Cc: Carson, Rebecca <RCarson@irell.com>; ~Kobialka, Lisa <lkobialka@kramerlevin.com>; ~Hannah, James
`<jhannah@kramerlevin.com>; ~Andre, Paul <pandre@kramerlevin.com>
`Subject: RE: Dismissal of pending claims and counterclaims
`
`Please see attached
`
`
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`1
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`

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`Case 3:17-cv-05659-WHA Document 634-9 Filed 11/30/20 Page 3 of 8
`
`Paul Andre
`Partner and Co-chair, Intellectual Property
`
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1710
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
`
`
`
`From: Kagan, Jonathan <JKagan@irell.com>
`Sent: Thursday, August 1, 2019 2:11 PM
`To: Andre, Paul <PAndre@KRAMERLEVIN.com>
`Cc: Carson, Rebecca <RCarson@irell.com>; Kobialka, Lisa <LKobialka@KRAMERLEVIN.com>; Hannah, James
`<JHannah@KRAMERLEVIN.com>; Andre, Paul <PAndre@KRAMERLEVIN.com>
`Subject: [EXTERNAL] RE: Dismissal of pending claims and counterclaims
`
`Thanks Paul,
`
` I
`
` do not foresee any problems as long as it is a clean dismissal of the claims and counterclaims.
`
`
`_____________________________________________________________________
`Jonathan S. Kagan | Irell & Manella LLP | 310.203.7092 | www.irell.com
`
`
`
`From: Andre, Paul <PAndre@KRAMERLEVIN.com>
`Sent: Thursday, August 1, 2019 1:49 PM
`To: Kagan, Jonathan <JKagan@irell.com>
`Cc: Carson, Rebecca <RCarson@irell.com>; ~Kobialka, Lisa <lkobialka@kramerlevin.com>; ~Hannah, James
`<jhannah@kramerlevin.com>; ~Andre, Paul <pandre@kramerlevin.com>
`Subject: RE: Dismissal of pending claims and counterclaims
`
`We will send over a draft of the stipulation and see if the parties can reach agreement. If not, Finjan intends to inform
`the Court of the status.
`
`Paul
`
`
`
`Paul Andre
`Partner and Co-chair, Intellectual Property
`
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1710
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
`
`
`2
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`

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`Case 3:17-cv-05659-WHA Document 634-9 Filed 11/30/20 Page 4 of 8
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`
`
`From: Kagan, Jonathan <JKagan@irell.com>
`Sent: Thursday, August 1, 2019 12:29 PM
`To: Andre, Paul <PAndre@KRAMERLEVIN.com>
`Cc: Carson, Rebecca <RCarson@irell.com>; Kobialka, Lisa <LKobialka@KRAMERLEVIN.com>; Hannah, James
`<JHannah@KRAMERLEVIN.com>; Andre, Paul <PAndre@KRAMERLEVIN.com>
`Subject: [EXTERNAL] RE: Dismissal of pending claims and counterclaims
`
`Paul,
`
`We see no need to send this letter to the Court. Instead, we should just prepare and file the stipulation of dismissal. If
`the Court accepts the stipulation, it can then enter final judgment.
`
`If Juniper uses the stipulation for an improper purpose in its fees motion (which it does not intend to do), then Finjan is
`free to file a motion to strike those portions of the motion.
`
`Requesting a status conference seems like an unnecessary and wasteful step now that Finjan has finally agreed to drop
`its claims on the ‘844, ‘633, and ‘731 Patents, as well as the remaining claims on the ‘494 Patent.
`
`_____________________________________________________________________
`Jonathan S. Kagan | Irell & Manella LLP | 310.203.7092 | www.irell.com
`
`
`
`
`
`From: Andre, Paul <PAndre@KRAMERLEVIN.com>
`Sent: Thursday, August 1, 2019 11:48 AM
`To: Kagan, Jonathan <JKagan@irell.com>
`Cc: Carson, Rebecca <RCarson@irell.com>; ~Kobialka, Lisa <lkobialka@kramerlevin.com>; ~Hannah, James
`<jhannah@kramerlevin.com>; ~Andre, Paul <pandre@kramerlevin.com>
`Subject: RE: Dismissal of pending claims and counterclaims
`
`Attached is a draft of the letter we would like to file with the Court today.
`
`Paul
`
`
`
`Paul Andre
`Partner and Co-chair, Intellectual Property
`
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1710
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain information that is
`confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received
`this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication.
`Thank you for your cooperation.
`
`
`
`3
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`Case 3:17-cv-05659-WHA Document 634-9 Filed 11/30/20 Page 5 of 8
`
`From: Andre, Paul <PAndre@KRAMERLEVIN.com>
`Sent: Thursday, August 1, 2019 10:48 AM
`To: Kagan, Jonathan <JKagan@irell.com>
`Cc: Carson, Rebecca <RCarson@irell.com>; Kobialka, Lisa <LKobialka@KRAMERLEVIN.com>; Hannah, James
`<JHannah@KRAMERLEVIN.com>; Andre, Paul <PAndre@KRAMERLEVIN.com>
`Subject: RE: Dismissal of pending claims and counterclaims
`
`Do you have time for a call today? We disagree with the need to mention the stipulation in a fee motion, but I think this
`is something we can discuss with the court if we can’t come to an agreement. We should also let the court know by
`joint letter that the parties have reached a stipulated dismissal on the remaining claims.
`
`Paul
`
`From: Kagan, Jonathan <JKagan@irell.com>
`Sent: Thursday, August 1, 2019 10:01 AM
`To: Andre, Paul <PAndre@KRAMERLEVIN.com>
`Cc: Carson, Rebecca <RCarson@irell.com>; Kobialka, Lisa <LKobialka@KRAMERLEVIN.com>; Hannah, James
`<JHannah@KRAMERLEVIN.com>
`Subject: [EXTERNAL] Re: Dismissal of pending claims and counterclaims
`
`Paul,
`
`Juniper will agree to stipulate to the dismissal of these claims and counterclaims, but it cannot agree that the dismissal
`will not be mentioned or cited in Juniper’s motion for fees. Because this motion will need to discuss the fact that certain
`of the claims were voluntarily dismissed, it will almost certainly make mention of the stipulation.
`
` I
`
` understand Meredith will be teaching out to Julie this morning to discuss other options.
`
`
`-Jonathan Kagan
`
`On Jul 31, 2019, at 6:55 PM, Andre, Paul <PAndre@kramerlevin.com> wrote:
`
`Please let me know early tomorrow, as we plan to send a letter to the court tomorrow.
`
`
`Paul
`
`
`
`Paul Andre
`Partner and Co-chair, Intellectual Property
`
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1710
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and may contain
`information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is
`strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail
`message and delete all copies of the original communication. Thank you for your cooperation.
`
`
`
`From: Kagan, Jonathan <JKagan@irell.com>
`Sent: Wednesday, July 31, 2019 11:20 AM
`
`4
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`Case 3:17-cv-05659-WHA Document 634-9 Filed 11/30/20 Page 6 of 8
`
`To: Andre, Paul <PAndre@KRAMERLEVIN.com>
`Cc: Carson, Rebecca <RCarson@irell.com>; Kobialka, Lisa <LKobialka@KRAMERLEVIN.com>; Hannah,
`James <JHannah@KRAMERLEVIN.com>
`Subject: [EXTERNAL] Re: Dismissal of pending claims and counterclaims
`
`
`Paul,
`
`I do not believe I will get a response before close of business today, as one of the key people is out of
`the office.
`
`-Jonathan Kagan
`
`On Jul 31, 2019, at 5:57 AM, Andre, Paul <PAndre@kramerlevin.com> wrote:
`
`John,
`
`I would like to contact the Court today regarding this issue, so please let me know your
`position as soon as possible.
`
`
`Thanks,
`Paul
`
`
`
`Paul Andre
`Partner and Co-chair, Intellectual Property
`
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1710
`
`This communication (including any attachments) is intended solely for the recipient(s) named above and
`may contain information that is confidential, privileged or legally protected. Any unauthorized use or
`dissemination of this communication is strictly prohibited. If you have received this communication in error,
`please immediately notify the sender by return e-mail message and delete all copies of the original
`communication. Thank you for your cooperation.
`
`
`
`From: Kagan, Jonathan <JKagan@irell.com>
`Sent: Tuesday, July 30, 2019 8:15 PM
`To: Andre, Paul <PAndre@KRAMERLEVIN.com>
`Cc: Carson, Rebecca <RCarson@irell.com>; Kobialka, Lisa
`<LKobialka@KRAMERLEVIN.com>; Hannah, James <JHannah@KRAMERLEVIN.com>
`Subject: [EXTERNAL] Re: Dismissal of pending claims and counterclaims
`
`
`Paul,
`
`
`We have raised this with our client and they are discussing internally. I expect to hear
`back within the next day or two.
`
`-Jonathan Kagan
`
`On Jul 30, 2019, at 12:57 PM, Andre, Paul <PAndre@kramerlevin.com> wrote:
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`5
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`Case 3:17-cv-05659-WHA Document 634-9 Filed 11/30/20 Page 7 of 8
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`John & Rebecca,
`
`
`Can you let me know when we can expect a response to the proposal
`below.
`
`
`Thanks,
`Paul
`
`
`
`Paul Andre
`Partner and Co-chair, Intellectual Property
`
`
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1710
`pandre@kramerlevin.com
`
`
`Bio
`
`This communication (including any attachments) is intended solely for the recipient(s)
`named above and may contain information that is confidential, privileged or legally
`protected. Any unauthorized use or dissemination of this communication is strictly
`prohibited. If you have received this communication in error, please immediately notify
`the sender by return e-mail message and delete all copies of the original
`communication. Thank you for your cooperation.
`
`
`From: Andre, Paul <PAndre@KRAMERLEVIN.com>
`Sent: Monday, July 29, 2019 6:31 PM
`To: RCarson@irell.com; JKagan@irell.com
`Cc: Kobialka, Lisa <LKobialka@KRAMERLEVIN.com>; Hannah, James
`<JHannah@KRAMERLEVIN.com>; Andre, Paul
`<PAndre@KRAMERLEVIN.com>
`Subject: Dismissal of pending claims and counterclaims
`
`
`John & Rebecca,
`
`
`We would like to propose a stipulated dismissal of all currently
`pending claims and counterclaims in the Finjan v. Juniper
`case. Specifically, Finjan would dismiss its infringement claims for
`the ‘494 and ‘844 Patents on the ATP Appliance, and all claims on
`the ‘633 and ‘731 Patents, in exchange for Juniper dismissing all
`counterclaims. Finjan will be free to appeal the orders of non-
`infringement for the ‘780 and ‘154 Patents, and non-infringement
`finding of the ‘494 Patent regarding SRX and Sky ATP. The parties
`would agree that the stipulation would not be used as a basis for
`attorney fees.
`
`
`Please let me know when you can discuss this proposal.
`
`
`Paul
`
`
`6
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`Case 3:17-cv-05659-WHA Document 634-9 Filed 11/30/20 Page 8 of 8
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`PLEASE NOTE: This message, including any attachments, may include
`privileged, confidential and/or inside information. Any distribution or use of this
`communication by anyone other than the intended recipient(s) is strictly
`prohibited and may be unlawful. If you are not the intended recipient, please
`notify the sender by replying to this message and then delete it from your system.
`Thank you.
`
`7
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