Case 3:17-cv-05659-WHA Document 67-1 Filed 04/19/18 Page 1 of 4
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`PAUL J. ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
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`Attorneys for Plaintiff
`FINJAN, INC.
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`
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`FINJAN, INC., a Delaware Corporation,
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`Plaintiff,
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`v.
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`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
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`
`
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`Defendant.
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`Case No.: 3:17-cv-05659-WHA
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`DECLARATION OF KRISTOPHER
`KASTENS IN SUPPORT OF PLAINTIFF
`FINJAN, INC.’S NOTICE OF MOTION
`AND MOTION FOR LEAVE TO AMEND
`ITS COMPLAINT
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`Date: May 3, 2018
`Time: 8:00 am
`Judge: Honorable William Alsup
`Dept.: Courtroom 12, 19th Floor
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`____________________________________________________________________________________
`KASTENS DECL. IN SUPPORT OF FINJAN’S MOTION Case No. 17-cv-05659-WHA
`FOR LEAVE TO AMEND ITS COMPLAINT
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`Case 3:17-cv-05659-WHA Document 67-1 Filed 04/19/18 Page 2 of 4
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`I, Kristopher Kastens, declare:
`1.
`I have personal knowledge of the facts stated herein.
`2.
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`I am licensed to practice law in the State of California and am an attorney at Kramer
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`Levin Naftalis and Frankel LLP, counsel of record for Finjan, Inc. (“Finjan”). I make this declaration
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`in support of Plaintiff Finjan, Inc.’s Notice of Motion and Motion for Leave to Amend its Complaint.
`3.
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`Attached hereto as Exhibit 1 is a true and correct copy of the Amended Complaint that
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`Finjan seeks leave to file in this case.
`4.
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`Attached hereto as Exhibit 2 is a true and correct copy of excerpts from Juniper
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`Networks, Inc.’s (“Juniper”) Form 10-Q for the quarterly period ending on September 30, 2017, filed
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`on November 7, 2017.
`5.
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`Attached hereto as Exhibit 3 is a true and correct copy of an excerpt from Juniper
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`Networks webpage entitled “Network Security Solutions”, dated December 14, 2017, available at
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`https://web.archive.org/web/20171214181822/https://www.juniper.net/us/en/products-
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`services/security/.
`6.
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`Attached hereto as Exhibit 4 is a true and correct copy of a screenshot of a Juniper
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`Networks youtube video entitled “Juniper Advanced Threat Prevention Appliance” published on April
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`2, 2018, available at https://youtu.be/LCM1PRdK0Tg showing ATP Appliance.
`7.
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`Attached hereto as Exhibit 5 is a true and correct copy of a press release entitled
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`“Media Alert: Juniper Networks to Showcase its Unified Cybersecurity Platform and Industry Insights
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`at RSA 2018,” dated April 12, 2018, available at: https://www.nasdaq.com/press-release/media-alert-
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`juniper-networks-to-showcase-its-unified-cybersecurity-platform-and-industry-insights-20180412-
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`01027.
`8.
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`Counsel for Finjan finalized its infringement contentions in February 2018 and
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`discovered that Juniper was offering the ATP Appliance as a new addition to its ATP suite of products,
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`which previously only included the Sky ATP service.
`9.
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`Attached hereto as Exhibit 6 is a true and correct copy of a Juniper Networks data sheet
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`entitled “Juniper Sky Advanced Threat Prevention.”
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`1
`____________________________________________________________________________________
`KASTENS DECL. IN SUPPORT OF FINJAN’S MOTION Case No. 17-cv-05659-WHA
`FOR LEAVE TO AMEND ITS COMPLAINT
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`Case 3:17-cv-05659-WHA Document 67-1 Filed 04/19/18 Page 3 of 4
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`10.
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`Attached hereto as Exhibit 7 is a true and correct copy of a Juniper Networks data sheet
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`entitled “Advanced Threat Prevention Appliance.”
`11.
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`ATP Appliance included technology for static and dynamic analysis in a sandbox,
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`which was also offered by Juniper’s Sky ATP service that Finjan accused in its Complaint.
`12.
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`Attached hereto as Exhibit 8 is a true and correct copy of Plaintiff Finjan, Inc.’s First
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`Set of Requests for Production of Documents to Defendant Juniper Networks, Inc. (Nos. 1-60), dated
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`February 23, 2018.
`13.
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`Attached hereto as Exhibit 9 is a true and correct copy of Plaintiff Finjan, Inc.’s First
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`Set of Interrogatories to Defendant Juniper Networks, Inc. (Nos. 1-3), dated February 23, 2018.
`14.
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`Attached hereto as Exhibit 10 is a true and correct copy of Finjan’s Initial Disclosure of
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`Asserted Claims and Infringement Contentions (“Infringement Contentions”), served on March 8,
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`2018.
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`15.
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`Attached hereto as Exhibit 11 is a true and correct copy of Appendix F-3 to Finjan’s
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`Infringement Contentions, served on March 8, 2018.
`16.
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`Attached hereto as Exhibit 12 is a true and correct copy of Appendix B-3 to Finjan’s
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`Infringement Contentions, served on March 8, 2018.
`17.
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`Attached hereto as Exhibit 13 is a true and correct copy of an e-mail chain between
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`counsel for Finjan, Austin Manes, and counsel for Juniper, Josh Glucoft, dated March 22, 2018.
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`Attached hereto as Exhibit 14 is at true and correct copy of an e-mail chain between counsel for
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`Juniper, Josh Glucoft, and between counsel for Finjan, Austin Manes, dated March 22, 2018.
`18.
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`Attached hereto as Exhibit 15 is a true and correct copy of excerpts from Defendant
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`Juniper Networks, Inc.’s Response to Plaintiff Finjan, Inc.’s First Set of Requests for Production, dated
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`March 26, 2018.
`19.
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`Attached hereto as Exhibit 16 is a true and correct copy of the e-mail exchange
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`between myself and Josh Glucoft, counsel for Juniper Networks, Inc., dated March 27, 2018.
`20.
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`Juniper asserted that it was not available to meet and confer until the following week on
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`April 3rd.
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`2
`____________________________________________________________________________________
`KASTENS DECL. IN SUPPORT OF FINJAN’S MOTION Case No. 17-cv-05659-WHA
`FOR LEAVE TO AMEND ITS COMPLAINT
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`Case 3:17-cv-05659-WHA Document 67-1 Filed 04/19/18 Page 4 of 4
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`21.
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`During this meet and confer, Finjan explained that Finjan properly named the ATP
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`Appliance and requested that Juniper provide its basis for refusing discovery into the product.
`22.
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`Juniper refused to provide discovery on the ATP Appliance unless Finjan amended its
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`Complaint.
`23.
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`Finjan requested that Juniper stipulate to amend its complaint to specifically identify the
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`ATP Appliance, but Juniper stated that it would only stipulate to such an amendment if Finjan agreed
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`to exclude the ATP Appliance from early summary judgment.
`The Court held a hearing on April 17th, where it indicated that Finjan should amend its
`24.
`complaint to include the ATP Appliance if it wants to assert the ATP Appliance in this case.
`25.
`Finjan met and conferred with counsel for Juniper in person immediately after the April
`17th hearing and filed this motion to amend only two days later on April 19, seeking leave for limited
`amendments to its complaint to include the ATP Appliance.
`26.
`27.
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`Attached hereto as Exhibit 17 is a true and correct copy of the transcript of the
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`The first deposition in this case is scheduled for May 9, 2018.
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`proceedings held on February 22, 2018.
`28.
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`Attached hereto as Exhibit 18 is a true and correct copy of a redline version of the
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`proposed Amended Complaint.
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`I declare under penalty of perjury under the laws of the United States of America that each of
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`the above statements is true and correct. Executed on April 19, 2018, in Menlo Park, California.
`
`
`/s/ Kristopher Kastens
`Kristopher Kastens
`
`
`
`3
`____________________________________________________________________________________
`KASTENS DECL. IN SUPPORT OF FINJAN’S MOTION Case No. 17-cv-05659-WHA
`FOR LEAVE TO AMEND ITS COMPLAINT
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